Legal Question in Wills and Trusts in South Carolina

In South Carolina, after the death of a spouse, does the property go to the surviving spouse by default?

Asked on 6/24/10, 6:32 am

1 Answer from Attorneys

William Cutchin Cutchin Law Firm

In this answer, you are not my client and I am not giving you legal advice. This answer is just some general information to get you started. Do not rely on this information as legal advice.

This answer, as with all legal answers, depends on a lot of factors. First, is there a will or a trust? If so, the property will go according to the will or trust. If there is no will or trust, did the deceased have any children (whether with the surviving spouse or with someone else). If so, and if there was not joint ownership of the property, the property will go 1/2 to the spouse and 1/2 to the children. If there are no children and no will or trust and no joint ownership, the property should go to the spouse.

If the property is in the name of the deceased spouse and it is owned jointly with the surviving spouse or with anyone else, the answer above may be different.

For more information, go to my website, and go to the probate section.

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Answered on 6/24/10, 10:03 am

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