Full question:
Person A's son passed away four days ago. They had no other living relatives. Person A was the sole beneficiary of the estate of his son. After his time, he wanted the property to become a part of the trust and made a will to that effect. Yesterday, Person A also passed away due to a heart failure. What is the effect of this will?
- Category: Wills and Estates
- Subcategory: Intestacy
- Date:
- State: South Carolina
Answer:
In South Carolina, intestacy laws state that a beneficiary must outlive the decedent by at least one hundred twenty hours (five days) to inherit. This is outlined in S.C. Code Ann. § 62-2-104. If a person does not survive this period, they are considered to have predeceased the decedent.
In this case, Person A's son passed away four days ago, and then Person A died the next day. Since Person A did not survive his son by the required time, he is deemed to have predeceased his son. However, because both the son and Person A have no other living relatives, applying this rule would result in the estate going to the state.
According to subsection 2 of the statute, if assuming Person A predeceased his son would lead to the estate escheating to the state, the law does not apply. Therefore, Person A's will becomes valid, and the estate will pass to the trust as intended in his will.
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.