Legal Question in Wills and Trusts in South Carolina
Death of heir how does inherantance pass?
My father-in-law passed away in 1998 all inhertance went to my mother-in-law. My mother-in-law had 2 sons. The will states the 2 sons will share equally in the estate. One is alive, she is living in S.C. with him. The other was my late husband, he died in 1996.
In my late husband's will, I was his heir. He is survived by 4 children and 7 grandchildren.
When my mother-in-law dies, where does my late husband's share go?
The estate consists of property in Florida, North Carolina and an addition to my brother-in-laws house (an apartment built on the entire bottom floor of my brother-in-law's home) in South Carolina.
1 Answer from Attorneys
Lapsed legacy
FACTS: My mother-in-law had 2 sons. Her will states the 2 sons will share equally in her estate. She is living in S.C. with one son. Her other son was my late husband. He is survived by me; 4 children; and 7 grandchildren.
Q: When my mother-in-law dies, where does my late husband's share go? The estate consists of property in Florida, North Carolina and an addition to my brother-in-laws house (an apartment built on the entire bottom floor of my brother-in-law's home) in South Carolina.
A: Your late husband does not have a share any more. Deceased people have no rights. Assuming that your mother-in-law doesn't redo a new will, then under Fla. law the lapsed share would go to blood descendants of your husband. However, SC is where she lives and it may be different there. The property is hers to do with as she wants. The addition to the brother-in-law's home is probably a gift and belongs to him right now.
William W. Fernandez
William W. Fernandez, Attorney at Law
250 Panama Road East
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