Nichols, SC asked in Estate Planning and Probate for South Carolina

Q: Can a married man who has been married to his only wife for 60+ years in his will give 100% to theirchildren an not her?

Doesn't the wife already own 50%? Why does she only get a lifetime right on the house? The wife says she had no knowledge of what the will said before his death.

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1 Lawyer Answer
Taylor Silver
Taylor Silver
  • Licensed in South Carolina

A: Provided there is no question that the two were married, at the very least she is likely entitled something called an "elective share" and there may be other issues that protect her interest to probate (or non probate) property.

Probate issues are often complicated looking, but a good probate attorney will be able to assist her in a number of different ways depending on her specific situation.

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