What is the law regaring dying without a Will?
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What is the law regaring dying without a Will?
If a married couple shredd their wills, and the suvior dies, who gets their property real and personal. There are a daughter (the husband’s from a previous marriage) and 2 granddaughters from that daughter and 4 great grandkids from 1 granddaughter. There a a grandson who was adopted as a son of the husband and wife.
Asked on August 5, 2012 under Estate Planning, South Carolina
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In South Carolina if an individual dies without a will, the South Carolina Code provides who will inherit their property. Essentially the state writes a will for you. In general, the statute provides as follows:
- If an individual is married and has no children, all to spouse
- If an individual is married with children, one-half to spouse and one-half to his children equally.
- If an individual is not married and has children, all to children equally.
- If an individual is not married and has no children, all to his parents if living, and if not living to his brothers and sisters equally with the issue of a deceased sibling taking the share their parent would have take.
- If the individual has no wife, children, parents or siblings, the statute continues on to define the next of kin who will inherit.
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