Legal Question in Wills and Trusts in South Carolina

My father died and he left a will. He doesn`t leave any heritage for his spouse in his will. Can the spouse eventualy claim for elective share? The spouse didn`t live with my father and she didn`t care for him when he was ill. My father died eight months and half ago and the probate was open eight months ago. There is still no claim for elective share from her in the probate court.


Asked on 6/09/12, 4:08 pm

1 Answer from Attorneys
Evan Guthrie Evan Guthrie Law Firm

The elective share has to be made by her. If she does not proactively claim it then she will not get it. Once the time runs then she will not be able to come back later.

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Answered on 6/11/12, 10:57 am


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