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If you have a spouse and no children, your spouse will inherit your entire estate. If you have a spouse and children, your spouse gets half and the remaining estate is split equally amongst the children. If you have no spouse or children, your parents would receive your estate.
If you die survived by a spouse and children, your spouse gets 50% of your estate and your children get and divide 50% of your estate in equal shares. If you are unmarried and are survived by children, your children receive and divide 100% of your estate.
There are generally a number of types of living heirs entitled to inherit from a decedent, including: the spouse of the decedent; biological and adopted children, and their descendants; parents of the decedent; siblings of the decedent, and if they have died, their descendants (the decedent's nieces and nephews); and ...
Can I Disinherit My Children in South Carolina? Yes. You can disinherit your children, but it is best to state in your will that you are doing so.
In South Carolina, you can use an Affidavit if an estate value is less than $25,000. You must wait 30 days after the death, and a probate judge will need to approve it. There is also potential to use a summary probate procedure, which is a possibility when an estate value is less than $25,000.
The disclaimer must be in writing and include a description of the interest, a declaration of intent to disclaim all or a defined portion of the interest, and be signed by the disclaimant (S.C. Code Ann. 62-2-801 (c) (3)).
Selling a House in South Carolina with Multiple Inheritors In such cases, the first step is to come to an agreement on selling or buying the property with the other inheritors. You can appoint a neutral party (non-beneficiary) as the head person for the sale.
California is a community property state, which means that following the death of a spouse, the surviving spouse will have entitlement to one-half of the community property (i.e., property that was acquired over the course of the marriage, regardless of which spouse acquired it).