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A surviving spouse is entitled to the elective share, or one-third of the decedent's estate by law.
Heirs' property is property that has been passed down without a will or when an estate was not legally probated through the court system, according to the Center for Heirs' Property Preservation in Charleston. Multiple family members then share common ownership.
The term \u201cnext of kin\u201d is often used synonymously with \u201cheirs at law\u201d in South Carolina. When a South Carolina resident dies without a will, their next of kin heirs at law are those in line to inherit their intestate estate, and are generally the decedent's: Surviving spouse. Children.
Children - if there is no surviving married or civil partner If there is no surviving partner, the children of a person who has died without leaving a will inherit the whole estate. This applies however much the estate is worth. If there are two or more children, the estate will be divided equally between them.
This method is also utilized in the states of Alaska, Arizona, California, Colorado, Hawaii, Maine, Michigan, New Jersey, New Mexico, Ohio, Oklahoma, Pennsylvania, Utah, and West Virginia.
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In South Carolina, if you are married and you die without a will, what your spouse gets depends on whether or not you have living descendants -- children, grandchildren, or great grandchildren. If you don't, then your spouse inherits everything. If you do, then your spouse inherits 1/2 of your intestate property.
If you are unmarried and die intestate in South Carolina and have children, your children will inherit your estate in equal shares. If the deceased has no children but has living parents, their estate will pass on to their parents. If parents are no longer living, the estate then goes to siblings.
In South Carolina, it is very easy to cut out your brothers and sisters or even your very own children and grandchildren in your Will or Trust. However, in SC and most states, you cannot intentionally disinherit your spouse unless your spouse agrees to receive nothing from you in a prenuptial or postnuptial agreement.
So, technically you can disinherit anyone under your Will. However, that is not the end of the story. Even if you choose to exclude your spouse, they may still be able to challenge the terms of your Will after your death.
South Carolina is one of the few states that still recognizes common law marriages. equally. As a general rule: If a child doesn't survive you but leaves their own children (grandchildren) who do survive you, the grandchildren take the share the child would have taken had your child survived you.

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