child was 18 yrs of age at the time and was never informed
Estate Planning Attorney
An adult child can be ommitted-the parent has no obligation to include a child in their will.
Wills are most often contested because of incompetence or undue influence.
There are also time lines to contest-your question does not indicate how long ago this occured.
You should consult with a probate attorney to have your rights(if any) explained.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
Mr Pippen offers sound advice. Child have no legal right to receive an inheritance from a parent's estate.
Hope this helps.
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1 lawyer agrees
I note from your question you say you were "never included" in probate. Though I'm not a South Carolina attorney, I can say with some confidence: that's an issue. When probating a will, the executor must serve with notice all heirs. Diligent search for the heirs should be made, and if they still can't be found, they can be served by publication in a legal newspaper.
But much hay can be made over whether the search was diligent. Chances are that, unless they were really estranged, it wasn't TOO hard to find the ONLY child of the deceased.
The fact that the executor did not make great efforts to serve the child with notice suggests that they were trying to "fly under the radar" with probate.
Hire an estates attorney. You may have a case. If the estate is of any decent size, then you'll likely get at least a free consult.
No attorney-client relationship or privilege is formed by this communication.
Estate Planning Attorney
There is no right to an inheritance for a child in South Carolina. If there is a will and you are not in it there is nothing you can do. The only exception is if the will was made before the child was born and then the child would get the share of assets they would have received if no will was in place.
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