Are there any restrictions on who can inherit from an intestate estate?

In South Carolina, there are certain restrictions on who can inherit from an intestate estate. The first and most important rule is that a surviving spouse has the right to inherit the entire estate, regardless of any other family circumstances. This means that any children of the deceased spouse do not have a claim to any of the estate unless the spouse waives this right or dies without a will in place. If there is no surviving spouse, then the intestate estate passes to the deceased’s children, which can include any adopted children. If any of the children have already passed away, then that child’s share of the estate passes to their children. In South Carolina, parents of the deceased also have the right to inherit if there are no surviving children. If both of the parents have already passed away, then the estate is divided among the deceased’s siblings. If there are no surviving parents, siblings, or children, then the estate is passed to the deceased’s closest living relatives, such as grandchildren, aunts, and uncles. If none of these relatives exist, then the state takes control of the estate. In South Carolina, further restrictions are placed on who can inherit from an intestate estate if the deceased was a veteran or a current or former member of the armed services. For instance, if the deceased was a veteran or current service member, then any surviving spouse is entitled to the entire estate, and if there is no surviving spouse, then the deceased’s children are the first to inherit from the estate.

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