You do not provide much information. Is there a Will or trust? How are the assets titled? You should consult with a probate lawyer to help you determine how best to proceed.
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It depends on how the land and other assets are titled and whether there is a will or not. The surviving spouse is entitled to a minimum of one third of the estate regardless. If the asset is held in both names with the right of survivorship, then the property is yours by operation of law and does not have to be probated. You may want to call the Laurens County Probate court and make an appointment with the clerk. She can give you all the forms and instructions. The procedure is fairly simple and you should be able to handle it without an attorney unless the land is in his sole name. In that event you probably should contact a probate attorney.
This answer is for general advice. It is not legal advice and does not create an attorney client relationship. For legal advice you have to retain your own attorney.
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The children would be entitled to half of all probate assets in this situation. You may have to sell assets to divide up the total assets among all the heirs. The only way for the children to not get their share of the probate estate is for them to sign a disclaimer giving up their share which they are under no obligation to do. An estate settlement might be another option. A probate lawyer can help with more options
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This answer is for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising. Evan Guthrie is licensed to practice law throughout the state of South Carolina. For further information visit his website at www.ekglaw.com <ekglaw.com>.