What happens if you die without a will?

If you die without a will in South Carolina, then the State of South Carolina will determine how your assets will be divided.  If you die without a will you are considered to have died intestate rather than testate (with a will).  If you are married then all of your estate will go to your spouse unless you have children.  People who die leaving a spouse and children will have ½ of their estate go to their spouse while the remaining ½ will go to the surviving child/children.  For those people who are not married and die without a will, their entire estate will go to their children.  If someone dies without children, then their estate will go to their parents.  If there are no surviving parents, then the estate will be divided among siblings and possibly the siblings’ children.

Of course, the easiest and cheapest way to prevent the division of your estate being decided by the State of South Carolina is by having an attorney draft a will.  What few people realize is that it is cheaper to die with a will than to dies without.  Adding one important sentence to a will can save your estate more than what it would cost to have paid an attorney to draft a will.  Call (864-228-1616) or email (rdburney@turnerandburney.com)  today to find out more!  Also, be sure to ask me how you can possibly avoid the entire probate process all together.  I look forward to hearing from you.

Rhett Burney
Attorney at Law
(864) 228-1616

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