Legal Question in Wills and Trusts in South Carolina

wills and probate

My mother-in-law's husband died recently. He is her second husband.

He left his assets evenly distributed among his children and nothing to my mother-in-law. She wants to know if she has any right to contest the will.


Asked on 9/08/08, 4:26 pm

1 Answer from Attorneys

Wendy Alton Fausone Bohn LLP

Re: wills and probate

If a spouse is not left anything in the Will, the spouse has the choice of either abiding by the terms of the Will, or taking their elective share, which is half of the share they would take under law if there was no Will, reduced by half of the value of any other property received by the spouse that didn't pass through the Will. (like joint ownership of accounts, life insurance, etc). Beyond that, there are ways to contest the Will, but you will have to prove either that the person didn't sign the will, there was fraud, undue influence, duress, mistake or that the will was later revoked. Contesting a Will is a long and involved process, and would best be handled by an attorney.

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Answered on 9/09/08, 8:50 am


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