Is the surviving spouse always entitled to a share of the estate?

In South Carolina, the surviving spouse is usually entitled to a share of the estate when there is no valid will in place. This is known as intestate succession law or the laws of descent and distribution. The South Carolina Probate Code determines how the estate is divided when a person dies intestate. It states that if the decedent had children from the surviving spouse, the surviving spouse is entitled to the first $50,000 of the estate plus one-half of the balance. If there are no children, the surviving spouse is entitled to the full amount of the estate. In addition, the surviving spouse is also entitled to a portion of any real estate that was owned by the deceased person, such as the family home. The surviving spouse is usually allowed to maintain possession of the home and use it as their primary residence, and also receive any income generated from the sale of the property. In most cases, the surviving spouse is entitled to a share of the estate when there is no valid will in place. However, there are some exceptions to this rule. For example, if the deceased had other surviving family members, such as brothers, sisters, or other descendants, they may be entitled to a portion of the estate. Additionally, the court might consider certain factors such as the length of the marriage, the relationship between the decedent and the surviving spouse, and other contributions made to the relationship when determining the share of the estate the surviving spouse is entitled to.

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Is the surviving spouse always entitled to a share of the estate?

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