Legal Question in Wills and Trusts in South Carolina

Re: Copy of will & Legal rights

If the will has been probated it is a public document and can be accessed in the county court where your father died.

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Re: Copy of will & Legal rights

IF THERE WAS A WILL AND IT WAS PROBATED, YOU SHOULD HAVE BEEN GIVEN SOME NOTICE. YOU CAN CONTACT THE SURROGATE'S OFFICE IN THE COUNTY WHERE YOUR FATHER DIED, TO SEE IF A WILL HAS BEEN PROBATED. IF SO, FOR A SMALL FEE THEY CAN SEND YOU A COPY. KEEP IN MIND THAT A WILL ONLY APPLIES TO ASSETS IN YOUR FATHER'S INDIVIDUAL NAME, NOT ASSETS REGISTERED JOINTLY OR THOSE HAVING SOME BENEFICIARY DESIGNATION, LIKE LIFE INSURANCE OR RETIREMENT PLANS. IF THERE WERE NO LEGAL MARRIAGE, YOU MAY HAVE RIGHTS, AS MAY YOUR MOTHER. I SUGGEST CONTACTING A LOCAL ESTATE ATTORNEY TO HELP YOU. A PARENT CAN DISINHERIT A CHILD, ABSENT SOME CLAIM LIKE INCAPACITY OR UNDUE INFLUENCE, SO LITIGATION MAY BECOME NECESSARY.

Re: Copy of will & Legal rights

If your father is still alive, you can't unless he chooses to give you a copy.

If he is dead and his will has been offered for probate, you can ob tain a copy for a small fee from the clerk of the Surrogate's Court in the county he resided in upon his death.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns. Additional facts could affect the answer given.