WLF Hypothetical Thursdays: Sarah, A Single Young Adult.
Sarah, a resident of South Carolina, passed away with a valid will. In her will, she left her entire estate to her sister, Emily. However, Sarah's parents are still alive. What happens to Sarah's estate under the South Carolina Probate Code?
In this scenario, since Sarah passed away with a valid will, the distribution of her estate will be guided by the provisions outlined in her will, as long as it meets the requirements of the South Carolina Probate Code.
If Sarah's will states that her entire estate is to be left to her sister, Emily, then Emily would be entitled to inherit the entirety of Sarah's estate, as per Sarah's wishes. The fact that Sarah's parents are still alive does not automatically entitle them to a share of the estate unless they are specifically mentioned in the will.
It's important to note that if Sarah's will is contested or if there are any disputes regarding its validity, the probate court will need to resolve those issues. Additionally, if the will is found to be invalid or if it fails to dispose of all of Sarah's assets, the South Carolina Probate Code would dictate the distribution of the remaining assets according to the laws of intestacy.
Consulting with an attorney who specializes in estate planning and probate in South Carolina would be advisable to ensure accurate interpretation and implementation of Sarah's will based on the specific circumstances of her estate.
