Lexington, SC asked in Probate for South Carolina

Q: Can someone help me figure out my Mom's will? Some things just don't make sense.

First off the will was typed on a typewriter from 1984, but it does have a proper notary seal.

Second, it opens up by saying she is a legal resident of Texas, but she had been a resident of South Carolina for over 25 years. This was written up when she and my father were still in the Air Force and that was his state of residency.

Now to the really confusing part. This is what it says in the 3rd section:

All of my estate, of whatever form or wherever located, including any property over which I hold a power of appointment at my death, I give and devise to my said husband if he survives me for a period of one hundred and twenty (120) days, as his sole and absolute property to the express exclusion of my children whether now living or hereafter born or adopted.

I can't figure out if this means ONLY he gets everything, or if it's still going to split between him, my sister, and me? Any clarification would be greatly appreciated.

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1 Lawyer Answer
Nina Whitehurst
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  • Probate Lawyer
  • Crossville, TN

A: The sentence you quoted leaves everything to her husband if he survives her by at least 120 days.

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