What is the difference between a beneficiary and an heir?

The difference between a beneficiary and an heir in South Carolina probate law is an important one to understand. Generally, an heir is a person who is entitled to inherit property by law or through a will. Heirs are typically family members of the deceased person, such as spouses, children, and parents. An heir can also be a close friend or relative. On the other hand, a beneficiary is someone who is legally entitled to receive a benefit from a will, trust, or other instrument. Unlike heirs, beneficiaries do not necessarily need to be family members and can include charities, individuals, and other non-family entities. Beneficiaries receive a benefit, such as money, property, or other assets, and may receive this benefit in a lump sum or in installments. In short, an heir is someone who is legally entitled to receive property through a will or law, while a beneficiary is someone who is legally entitled to receive a benefit, such as money or property, from a will, trust or other instrument. This distinction is important in terms of understanding South Carolina probate law and the process of distributing property of a deceased person among heirs and beneficiaries.

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