Legal Question in Wills and Trusts in South Carolina

Re: beneficiary's rights

First, consult the will. You may need to have an attorney interpret it for you. It will determine what property you can claim in kind, and what the executor can dispose of to pay debts. If the decedent's personal property is left to you by the will, it is yours unless all other property of the decedent (the "residuary") is insufficient to pay the debts.

You do have the right to remove any property that was yours during the decedents' lifetime; but the executor can ask you to prove it is yours.

You do have the right to request the option of settling the debts personally rather than selling property; but the executor has the right to demand that you actually pay the debts (or get the creditor to release the executor) before he will release the property to you. The executor is personally "on the hook" for the dedecent's debts; and he has the right to make sure the debts are paid or he is released before distributing property. Until the debts are paid or he is released, he does have the right to restrict what you take.

All of these are matters which can be negotiated. If the executor will not negotiate, you have the right to ask the Probate Court to compel him to do so, or even to remove him. It would be a very brave (or stubborn) executor who would go against the wishes of the sole beneficiary of an estate, if he could be protected from liability by a negotiated settlement of the estate.

The services of an attorney would be very useful in the negotiation (particularly if the executor has an attorney); and an attorney is essential if you contemplate any action through the Probate Court.