Surprise!  You Cannot Easily Disinherit Your Spouse in South Carolina

In South Carolina, it is very easy to cut out your brothers and sisters or even your very own children and grandchildren in your Will or Trust. However, in SC and most states, you cannot intentionally disinherit your spouse unless your spouse agrees to receive nothing from you in a prenuptial or postnuptial agreement. In SC, your spouse is generally entitled to 1/3 of what you own, known as the “elective share.” There are some exceptions and the rules can get a little tricky in arriving at satisfying the 1/3 amount. However, your spouse can always waive their right to this property but, as you can imagine, that’s not the easiest conversation to have, especially if you wait until after you

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