Legal Question in Wills and Trusts in South Carolina

rights of children when father dies

my father just passed away last week..he was a very wealthy man. our stepmother claims that his will is very simple: everything goes to her. she tells us that my brothers and sister and I are named in his will, but nothing gets dispersed until after she dies. She will not give us the name of the attorney he used. What are our rights as his children as far as demanding to see his will and his assets? In the past my father spoke to all of us about his will: that we were all in it . as of this date she has not started to probate process.


Asked on 12/13/08, 1:01 pm

2 Answers from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Re: rights of children when father dies

I would demand to see the original Will. If she won't provide it, I would file a Petition to Administer the estate. Then, she could be subpoened to produce the Will. If you would like to discuss, please feel free to give me a call.

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Answered on 12/13/08, 7:50 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: rights of children when father dies

I would demand to see the original Will. If she won't provide it, I would file a Petition to Administer the estate. Then, she could be subpoened to produce the Will. If you would like to discuss, please feel free to give me a call.

Read more
Answered on 12/13/08, 7:50 pm


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