What should I do if I want to disinherit a beneficiary?
If you’d like to disinherit a beneficiary in South Carolina, you should first contact an estate planning lawyer for assistance. An estate planning lawyer can walk you through the process of updating your estate plan to ensure that the beneficiary is properly disinherited. In South Carolina, the legal procedure for disinheriting someone is outlined in the South Carolina Code Section 62-2-507. This section states that an individual should prepare a document that specifically lists the individuals they are intentionally disinheriting. This document should be signed and verified in the presence of two witnesses and should be filed with the probate court. In addition to this written document, South Carolina law also requires a signature on a Codicil, which is an amendment to the original Will. This Codicil should be written in such a way that it clearly and unambiguously conveys the individual’s intention to disinherit the intended beneficiary. The Codicil should also be signed in the presence of two witnesses and filed with the probate court. It’s important to note that in South Carolina, disinheritance only applies to assets that were given in the Will. This means that assets given during the individual’s lifetime such as bank accounts, real estate, and other property must be transferred in some other way. An estate planning lawyer can help in this regard. Overall, disinheriting a beneficiary in South Carolina is a complex process and should not be taken lightly. The guidance of an experienced estate planning lawyer is highly recommended to ensure that the process goes smoothly and is in compliance with state law.
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