Legal Question in Wills and Trusts in South Carolina

It really depends on the wording of the will. I never trust someone's paraphrasing of what anything says. Subconsciously, I think people leave out very important information that he or she thinks MAYBE detrimental to his or her side or just get what the documents says wrong. For example, in your case I am thinking that the will does not say to "50/50 to my children per 'stripes.'" I think it says to "my issue per stirpes." I think this because "50/50 to my children per 'stripes'" is redundant gibberish.

If an attorney wrote this gibberish he or she should be ashamed of his or herself. If the widow wrote her own will then I think she did herself and her hires a great disservice and may not have accomplished what she wanted to do. Moreover, if this will says what you say it says then it could be the start of a costly battle in Probate Court. Where a judge will determine what the widow wanted and not the widow herself and much of the estate will go to paying attorney fees.

An attorney would write that assets are given "to my issue per stirpes." Issue means ones lineal descendants- children, grandchildren, great-grand children etc." "Per stirpes" means at a generational level. So to my issue per stirpes means that ones assets are divided at a general level. For example X has three children A, B and C). X writes a will leaving everything to his issue per stirpes. When the will is written all three children are alive. This mean A, B, and C would take 1/3 each. C dies before X. C has two children Y and Z. X does not change his will. X dies this means that A and B take their original 1/3 each. C's 1/3 is divided evenly between his issue (also X's issue) Y and Z.

My suggestion is to take the entire will to an attorney and have him or her read the entire will. You may be charged some money for it but you will have an pretty solid answer. Good luck.