Charlotte, NC asked in Probate for South Carolina

Q: I am an only child and my mother just passed away. She was married. No will. Bank account her name only. Help in SC prob

I haven't even been allowed to go through my mother's belongings. And I'm just needing some legal advice of what I can and can't do. I'm basically just wanting to make sure I get my great grandmother's handmade dishes thats been passed down that my mother told me she wanted me to have. Her bank account was in her name alone and he has his own. His ex wife has already been there to their house and my mother just passed away 1/30/24. So any advice to point me in the right direction would be greatly appreciated.

Thank you,

Jaime

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1 Lawyer Answer
T. Augustus Claus
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Answered

A: In South Carolina, when someone passes away without a will, their assets typically go through the probate process to determine how they should be distributed. As the deceased's only child, you may have rights to inherit a portion of your mother's estate under intestate succession laws, which govern the distribution of assets when there is no will. However, since your mother was married at the time of her passing, her spouse may also have rights to a portion of the estate. Additionally, you have the right to access your mother's belongings, including the dishes she wanted you to have.

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