Legal Question in Family Law in South Carolina

Inheritance of minor child

I was legally separated from my husband before he died last year. No estate was opened for him. His mother passed away a few years ago and after her, her sister. Her sister left my husband (by will) some Bank shares. Her house is for sale and I am being told once it sells, the share due to her sister has been passed to my estranged husband.

I am told that this inheritance will, due to my husbands death, go to my son. The inheritance is in NC, we live in SC.Because we were legally separated, I am told a conservatorship will have to be set up for my son, but in order to be able to do that, an estate will have to be opened. There is debt , as well as a pending foreclosure on his house. Since we were ''just'' legally separated but not divorced, do I have a legal responsibility f,or his debt and what can I do without getting involved in settling his estate, to assure my son gets this inheritance?

Thanks!


Asked on 4/12/08, 9:21 am

1 Answer from Attorneys
Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: Inheritance of minor child

You need to consult an estate / probate attorney, who can advise you of your options and the best course of action to protect your son's interests.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced probate law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 4/13/08, 9:32 pm


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