How does intestate succession work when there are multiple children?
In South Carolina, when someone dies without leaving a will or any other instructions about how their assets should be distributed, the law of intestate succession kicks in. This law dictates how the deceased’s assets will be divided among the survivors. When there are multiple children, the estate is divided equally among all of them. This means that each child will receive a share of the assets, no matter how many children there are. If any of the children have already passed away, then their portion of the assets will be divided among their own children, who are called the deceased child’s “issue.” This is true even if the deceased child is not the biological child of the deceased. For instance, if the deceased had adopted or stepchildren, and these children have died, the adopted or stepchildren’s issue will still receive a share of the estate. In some cases, the deceased may have had children from two or more marriages. In this event, all of the children receive the same inheritance, regardless of which marriage they were born into. If the deceased’s children had predeceased him or her and had no issue, then the deceased’s siblings or other relatives may receive the inheritance. South Carolina law dictates that the closer relatives take precedence over more distant relatives. For example, the deceased’s parents or siblings are typically the first in line to inherit the estate. If there are no surviving relatives, then the state of South Carolina may take possession of the estate.
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