Legal Question in Wills and Trusts in South Carolina
My Grandmother's property
My Grandmother died and left her land and property to my Dad and his heirs. Does my stepmother have a claim to this property? She
has told neighbors she is going to take it from my brother and me,even thought my Dad is leaving it to us.
1 Answer from Attorneys
Re: My Grandmother's property
A wife can claim a one-third share of her husband's estate if he fails to provide for her in his will. If the land is in your dad's estate and your step-mom did not sign a pre-nuptial or ante-nuptial agreement, and they are still married at the time of his death, she may claim her one-third elective share. The personal representative of the estate will decide what her share is, so other property may be used to satisfy the elective share claim. A good estate plan for your dad can take this into account, so he should plan in advance for this to protect you and your brother.
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