Who receives property of the estate if no Will in South Carolina?
Full Question:
My father passed away recently. He had remarried after he divorced my mother. I have a stepbrother from his second marriage. He hasn’t left a will behind. How will the property be divided per the laws in South Carolina?
12/27/2016 |
Category: Wills and Es... » Intestacy |
State: South Carolina |
#28855
Answer:
“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.”
Per the above-quoted provision, in the case at hand, the property shall divulge on the surviving member in the following manner:
1. The surviving spouse of the decedent (the second wife) gets one-half of the estate.
2. The decedent had two issues (one from a prior marriage). Both of them shall be entitled to an equal share in the remaining half of the property.