South Carolina Notice of Election by Surviving Spouse

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Multi-State
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US-03335BG
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Description

An elective share is a term used relating to inheritance, which describes a proportion of an estate which the surviving spouse of the deceased may claim in place of what they were left in the decedent's will. It has also been called a widow's share, statutory share, election against the will, or forced share.


The election rights of a spouse are governed by state laws, which vary by state. Under such laws, the surviving spouse has historically had the option of either:
1. Accepting what was provided to him or her pursuant to the decedents will; or
2. Electing to take a fixed portion of the decedents probate estate property.


The rationale for granting an election to the surviving spouse is to ensure that the surviving spouse receives at a minimum amount of the decedents wealth which, in many cases, was accrued during the marriage.


Currently, the amount to be reserved for a spouse is determined by the law of the state where the estate is located. In most states, the elective share is between 1/3 and 1/2 of all the property in the estate, although many states require the marriage to have lasted a certain number of years for the elective share to be claimed, or adjust the share based on the length of the marriage, and the presence of minor children. Some states also reduce the elective share if the surviving spouse is independently wealthy.

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FAQ

(a) If a married person domiciled in this State dies, the surviving spouse has a right of election to take an elective share of one-third of the decedent's probate estate, as computed under Section 62-2-202, the share to be satisfied as detailed in Sections 62-2-206 and 62-2-207 and, generally, under the limitations ...

Spousal retirement benefits provide a maximum 50% of the other spouse's primary insurance amount (PIA). Alternatively, survivors' benefits are a maximum 100% of the deceased spouse's retirement benefit. begin collecting, the full benefit with DRCs would be payable to the surviving spouse.

Am I Eligible for Social Security Disability Widow or Widower Benefits in South Carolina? If you're between age 60 and full retirement age, you can receive between 71.5% and 99% of your spouse's disability benefits. If you've reached full retirement age, you can receive 100% of your spouse's disability benefits.

How Long Do You Receive Social Security Survivor Benefits? Social Security survivor benefits are payable to the surviving spouse for the remainder of their life. Restrictions apply for divorced spouses eligible to receive benefits.

Surviving spouse, full retirement age or older ? 100% of the deceased worker's benefit amount. Surviving spouse, age 60 ? through full retirement age ? 71½ to 99% of the deceased worker's basic amount. Surviving spouse with a disability aged 50 through 59 ? 71½%.

Death benefits (1) 500 weeks of compensation at 66 2/3% of weekly wage with a maximum weekly benefit of $704.92.

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South Carolina Notice of Election by Surviving Spouse