Legal Question in Wills and Trusts in South Carolina
Will and rights
My siblings and I have received notice that a settlement has come to my grandfather's estate in the state of SC. My sister (who lives in SC) sent notice to be personal rep for distribution of the monies and states in her letter that ''monies will be divided equally among the siblings.'' However, there is nothing in my grandfather's will that states such (my grandmother, to whom the monies would have gone, recently died). What law then ensures that the monies will be divided equally if there is nothing to that effect in the will, but there are descendants (grandchildren; the children also have died)? Thank you.
1 Answer from Attorneys
Re: Will and rights
If the will does not provide an alternative to your grandmother, then the settlement would be divided according to the rules for intestate succession. In general, after any estate debts are paid, the closest living relatives will receive an portion of the monies, but the amount of each share is based on the degree of relation, and the personal representative gets a fee for serving as a personal representative. A S.C. attorney who reviews the estate documents should be able to determine what percentage you could be entitled to.
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