Legal Question in Family Law in South Carolina
In my guardian ad litem class someone said it is a law in SC that you have to put your adoptive child in your will, even if you do not put the other children in. I disagreed. I think you can write anyone out of your will. Could you give us the correct answer.
Thank you.
1 Answer from Attorneys
You can devise your property to whomever you wish; you do not need to mention an adoptive child or anyone in particular in the will for that matter. Your spouse has a 1/3 elective share he or her may exercise if you chose to disinherit him or her. If the will was executed prior to the birth or adoption of a child, the child may be entitled to his or her elective share under intestate succession. Therefore, I would suggest that you have your will reviewed after the birth or adoption of a child to ensure that your wishes and what is in the will are the same.
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