Must and estranged husband be involved in their deceased wife’s probate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Must and estranged husband be involved in their deceased wife’s probate?
My mother-in-law recently passed but left no Will that we can find. We attempted to start the probate process but was told we could not because she was still legally married. Her husband’s whereabouts are unknown; they had been estranged for about 37 years and my husband has no interest in locating him if he does not have to. My husband was her only child and he just wants to do what needs to be done. Can you tell us what would be the process of possibly doing the probate process without having to involve her estranged husband? Is getting an attorney the only way to get through this process?
Asked on September 12, 2014 under Estate Planning, South Carolina
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
I am so sorry for your loss. Why were you told you could not start the process? Because a spouse has priority for being appointed as the Personal Representative or because you tried to exclude her estranged husband entirely? If they were not legally divorced then under the intestacy statute in South Carolina (the statute that rules if there is no Will), he and her son share equally. So you might want to obtain an attorney here to help with the probate because you may have to publish notice to him, etc. I might also suggest that you seek help locating him from a private investigator in locating him. The court may want that. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.