Legal Question in Wills and Trusts in South Carolina
wills
My aunt and uncle had no children, my uncle died leaving everything to my aunt. She has her own will now. I was told , even though she has a will, that the 1/2 of the estate will go to the uncle's side of the family and 1/2 will go to the aunt's side of the family. This is in South Carolina.Is this true or is the will probated as the aunt has willed?
1 Answer from Attorneys
Re: wills
What you have heard does not sound right to me. Your aunt's will will control the disposition of property. Usually the estate goes to whoever it is willed to unless there is an elective share claim, the claims of the estate outweigh the assets, or unless there is evidence of a contract to make a joint will with your uncle and the aunt wrongfully changed her will after he died. There are also assets that pass outside the will such as life insurance or joint accounts with survivorship--those have separate beneficiaries.
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