The South Carolina Petition for Elective Share is a legal document that is filed by a surviving spouse in South Carolina to receive a portion of a deceased spouse's estate. This document is used to claim a portion of the estate when the deceased spouse did not leave a will or when the will does not provide for the surviving spouse. The surviving spouse can request an elective share, which is a set percentage of the deceased's estate, depending on the length of the marriage. The elective share is based on the number of years the couple was married and can range from 30-50% of the estate. There are two types of South Carolina Petition for Elective Share: Statutory Elective Share and Contractual Elective Share. The Statutory Elective Share is based on the length of the marriage and is set by the state. The Contractual Elective Share is a percentage of the estate which is negotiated between the surviving spouse and the deceased's estate.
South Carolina Petition for Elective Share
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Code § 62-5-103 to (1) a conservator, if appointed; (2) a person having the care and custody of the minor or incapacitated person with whom the minor or incapacitated person resides; (3) a guardian of the minor or incapacitated person; or (4) a financial institution incident to a deposit in a federally insured savings
Any executor, devisee, legatee, guardian, attorney, or other person who fails to deliver to the judge of the probate court having jurisdiction to admit it to probate any last will and testament, including any codicil or codicils thereto, upon conviction must be punished as for a misdemeanor.
Presumption of ownership of tangible personal property; exceptions.
(A) The rights of a surviving spouse to an elective share, homestead allowance, and exempt property, or any of them, may be waived, wholly or partially, before or after marriage, by a written contract, agreement, or waiver voluntarily signed by the waiving party after fair and reasonable disclosures to the waiving
Before filing a guardianship action, you must understand there is a financial commitment. Under SC Code Section 62-5-105, the petitioner is personally responsible for his or her own attorney's fees and expenses of the action. The Court may issue an order altering this, but you should not rely on such a Court Order.
SECTION 62-5-101. Definitions and use of terms. Unless otherwise apparent from the context, in this article: (1) "Adult" means an individual who has attained the age of eighteen or who, if under eighteen, is married or has been emancipated by a court of competent jurisdiction.
SECTION 62-2-101. Intestate estate. Any part of the estate of a decedent not effectively disposed of by his will passes to his heirs as prescribed in the following sections of this Code.
(c) A probate judge or an employee of the probate court shall not serve as a conservator of an estate of a protected person; however, a probate judge or an employee of the probate court may serve as a conservator of the estate of a family member if such service does not interfere with the proper performance of the