Full question:
My father in law lived in South Carolina with his oldest daughter. His will was drawn up in Maryland. He passed away in February 2011. He did not own property, his car was paid for and had no debt. He has approximately $450,000 which will be shared among his 3 children and daughter in law, the wife of a deceased son. At first his daughter said that she was going to contest the will because she did not want the daughter in law to receive any monies. However, I believe she changed her mind. I have two questions. One, if she did decide to contest the will, would we have heard by now. Also, if the will is not be contested, when should we expect to receive my husband's share.
- Category: Wills and Estates
- Subcategory: Probate
- Date:
- State: South Carolina
Answer:
A will contest can be initiated within twelve months after informal probate or three years from the decedent's death, depending on the circumstances. If the will has not been contested by now, it is likely that the time limit for contesting it has passed. If the will is not contested, you can expect to receive your husband's share according to the terms of the will, as long as the probate process is completed. For specific timeframes, it’s best to contact the local probate court in South Carolina where the decedent passed away, as these can vary based on the judge's caseload.
According to South Carolina law (S.C. Code § 62-3-108), if no probate proceedings are initiated within ten years of the decedent's death, the estate will be treated as intestate, meaning it will pass according to state intestacy laws. Additionally, claims against the estate must generally be presented within one year after the decedent's death (S.C. Code § 62-3-803).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.