Written by attorney Evan Kyle Guthrie

It Takes Work To Disinherit a Spouse in South Carolina

In South Carolina you may disinherit your children or other family members very easily, but your spouse is a different story. In South Carolina just because you name your spouse in a will and do not leave the spouse anything or set up a revocable living trust and leave the spouse out of it does not necessarily mean the spouse will not get any of the estate. In South Carolina there is a statutory elective share that allows the spouse to claim a percentage of the probate estate and maybe even assets in a revocable living trust. The elective share is not mandatory and must be elected by the spouse after the last of eight months after death of the spouse or six months after probate of the will occurs. One way to make sure the elective share is not taken is to enter into a prenuptial agreement before the marriage or a postnuptial agreement after the marriage. A valid agreement by a spouse represented by an attorney is one of the only ways an elective share can be waived. This means that the spouse that would have a right to make the elective share must voluntarily give up this right as an informed choice made with help from an attorney.

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