Can a surviving spouse claim an intestate estate against the wishes of other heirs?

In South Carolina, a surviving spouse can generally claim an intestate estate against the wishes of other heirs. This is due to the fact that South Carolina has laws in place that prioritize the rights of the surviving spouse. These laws state that when a person dies without a will, the surviving spouse has the right to a certain amount of the estate, regardless of what the other heirs may want. The amount of the estate the surviving spouse can claim depends on several factors, including the number of heirs and whether the deceased had children with the surviving spouse. If the deceased had children with the surviving spouse, the surviving spouse is generally entitled to the first $100,000 of the estate, plus one-half of the remaining estate. If the deceased did not have children with the surviving spouse, the surviving spouse is generally entitled to the first $50,000 of the estate, plus one-third of the remaining estate. It is possible for the other heirs to challenge the surviving spouse’s claim, however, these claims are usually difficult to prove. For example, if the surviving spouse has been left out of the deceased’s will completely, the other heirs may challenge the surviving spouse’s claim on the basis that the surviving spouse was not included in the deceased’s wishes. If the surviving spouse is able to provide evidence that the deceased meant to give them a certain portion of the estate, then the challenge may be unsuccessful.

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Can a surviving spouse claim an intestate estate against the wishes of other heirs?

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