Legal Question in Wills and Trusts in South Carolina
my husband passed away 4 years ago he was in his stepfathers will who passed away dec.2011 will i be entitle to my husbands part of the estate we live in south carolina
1 Answer from Attorneys
Probably not, but it depends on what your husband's stepfather's will says should happen if a beneficiary predeceases the testator. If the will lists an alternate beneficiary then the alternate would receive the inheritance and this is the way that you could possibly receive your husband's share. If his stepfather's will specifically states that you receive your husband's interest if your husband predeceases the stepfather, then you will receive your husband's portion. If the will is silent as to who shall receive a bequest when a beneficiary (devisee) predeceases the testator, then devisee's children (issue) shall receive the bequest. If there is a chance that you will receive an interest in the estate you will get documents from the personal representative of the estate....but do not assume that just because you receive notice of a possible interest that you will actually receive anything from the estate.