WLF Hypothetical Thursdays: Henry, A Husband and Grieving Father

Henry, a resident of South Carolina, passed away without a will. He is survived by his spouse, Martha. Henry and Martha had two children, Alice and Benjamin. However, Alice predeceased Henry, and Benjamin survived Henry. Benjamin, in turn, was survived by his spouse, Jennifer, and their two children, Sarah and Matthew. Henry is also survived by his two parents, Robert and Elizabeth. How would Henry's estate be distributed under the South Carolina Probate Code?

In this scenario, Henry, a resident of South Carolina, passed away without a will. He is survived by his spouse, Martha. Henry and Martha had two children, Alice and Benjamin. However, Alice predeceased Henry, and Benjamin survived Henry. Alice, in turn, was survived by her spouse, James, and their two children, Sarah and Matthew. Henry is also survived by his two parents, Robert and Elizabeth.

According to the South Carolina Probate Code, when a person dies intestate (without a will) and is survived by a spouse, children, and parents, the surviving spouse and children have specific entitlements to the estate.

In this case, Martha, as the surviving spouse, would be entitled to 50% of the estate. Benjamin, as the surviving child, would also be entitled to 25% of the estate.

Since Alice predeceased Henry, her share of the estate would be divided between her surviving children, Sarah and Matthew. Each child would receive an equal share of 12.5% of the estate, totaling 25% collectively.

Therefore, the distribution of Henry's estate would be as follows: Martha would receive 50%, Benjamin would receive 25%, Sarah would receive 12.5%, and Matthew would receive 12.5%.