How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100583
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
Ely is online now
A new question is answered every 9 seconds

My husband passed away July 21 we have not lived together

Customer Question

My husband passed away July 21 we have not lived together since 1989 ! never divorced ! What if any do I have in his estate?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts to opt out of participation in phone calls and I may or may not be able to participate in this feature.
What state are you in, please?
Do you know if he had a will?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
South Carolina
Expert:  Ely replied 1 year ago.
Thank you.
If someone passes, then the estate is divided. Even if you have lived apart, because there was no divorce, someone in your situation would still be considered his SPOUSE for all intents and purposes.
IF THERE IS NO WILL
If not, then the estate is divided according to default succession and the spouse has a share of it - see here:
http://www.nolo.com/legal-encyclopedia/intestate-succession-south-carolina.html
Under "Who Gets What?"
IF THERE IS A WILL
Even if he wrote you out, you are still considered his wife. As such, a spouse is entitled to a SHARE even if not in the Will in SC, of ONE THIRD of his estate. Section 62-7-112.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

Related Family Law Questions