How is property divided in South Carolina if no Will?
Full Question:
My husband recently passed away and has left a substantial amount of property behind. He was the only son in his family. We got married about 5 months back. How will his property be divided in the absence of a will? Will his parents get a share of it?
12/27/2016 |
Category: Wills and Es... ยป Intestacy |
State: South Carolina |
#28854
Answer:
S.C. Code Ann. § 62-2-102 enumerates the share that shall divulge upon the surviving spouse in an intestate succession. It reads:
“The intestate share of the surviving spouse is:
(1) if there is no surviving issue of the decedent, the entire intestate estate;
(2) if there are surviving issue, one-half of the intestate estate.”
Therefore, in the case at hand, the whole of decedent’s property shall divulge upon the surviving spouse. The parents of the decedent cannot be beneficiaries in this situation. They can only become beneficiaries if the decedent has no surviving spouse or surviving issues per § 62-2-103. It reads:
“The part of the intestate estate not passing to the surviving spouse under Section 62-2-102, or the entire estate if there is no surviving spouse, passes as follows:
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(2) if there is no surviving issue, to his parent or parents equally;
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