Q: My Mother's Will divided assets between my sister and I but my sister died before my mom. What happens to her portion.
A: In South Carolina, if a beneficiary named in a will dies before the testator (the person who made the will), the disposition of the deceased beneficiary's share depends on the specific terms of the will and state law. Typically, wills include provisions for what happens if a beneficiary predeceases the testator, often directing that the deceased beneficiary's share goes to their descendants or back into the estate to be divided among the surviving beneficiaries. If the will does not specify what happens or if the provisions are unclear, South Carolina's anti-lapse statutes may come into play. These statutes often allow the deceased beneficiary's share to pass to their descendants. However, if no such provision applies and the anti-lapse statute does not apply or does not resolve the issue, the deceased beneficiary's portion could revert to the estate and be distributed according to the residuary clause of the will or, in the absence of such a clause, according to the state's intestacy laws.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
