WLF Hypothetical Thursdays: Natalie, A Caring Mother With Two Children Gone Too Soon
Natalie, a resident of South Carolina, passed away without a will. She is survived by her spouse, Daniel, with whom she had four children, Emily, Ethan, Olivia, and Noah. Natalie's parents, Robert and Elizabeth, are also still alive. However, Emily and Olivia predeceased Natalie, and they both had children. Emily had one child, Lily, and Olivia had two children, Sophia and Liam. How would Natalie's estate be distributed under the South Carolina Probate Code?
Under the provided scenario, Natalie, a resident of South Carolina, passed away without a will. She is survived by her spouse, Daniel, with whom she had four children, Emily, Ethan, Olivia, and Noah. Natalie's parents, Robert and Elizabeth, are also still alive. However, Emily and Olivia predeceased Natalie, and they both had children. Emily had one child, Lily, and Olivia had two children, Liam and Sophia.
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, Daniel, as the surviving spouse, would be entitled to 50% of Natalie's estate. The remaining 50% would be divided equally among the children, which would be 12.5% for each of them: Emily, Ethan, Olivia, and Noah.
However, since Emily predeceased Natalie, her child, Lily, will take “by representation" and would inherit Emily's full 12.5% share. Olivia’s two children will, similarly, take “by representation” and equally share in Olivia’s 12.5% interest. So Liam will receive 6.25% and Sophia will receive 6.25%.
Therefore, the corrected distribution of Natalie's estate would be as follows: Daniel, the surviving spouse, would receive 50% of the estate. Each of the surviving children, Ethan and Noah, would receive 12.5% of the estate. Finally, Emily's child, Lily, would also receive 12.5% of the estate, while Liam and Sophia each receive 6.25%.
