Can a surviving spouse receive less than their fair share of an intestate estate?

Yes, a surviving spouse can receive less than their fair share of an intestate estate in South Carolina. According to the South Carolina Law of Intestate Succession, if a person dies without a valid will, their property is distributed according to the intestate succession laws. This means that the surviving spouse is only entitled to their fair share of the estate, which is generally half of the estate. However, if the decedent had children with another person, the surviving spouse is entitled to only one third of the estate. Other relatives may also be entitled to a portion of the estate under the intestate succession law. Additionally, if the decedent had a valid will, the surviving spouse may receive less than their fair share of the estate. The will must be followed when distributing the estate according to the law, and the surviving spouse may not receive more than what is stated in the will. If the will leaves more than their fair share to someone else, the surviving spouse will receive less than their fair share. In summary, a surviving spouse in South Carolina may receive less than their fair share of an intestate estate. This is because the intestate succession laws entitle the surviving spouse to only their fair share, and a valid will may leave less than their fair share to the surviving spouse.

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Can a surviving spouse receive less than their fair share of an intestate estate?

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