QUESTION
What happens if a couple dies without a will and they have no children?
Asked on Oct 21st, 2013 on Estate Litigation - South Carolina
More details to this question:
A couple have three living siblings. 1 Sister on his side and a brother and sister on her side. The gentleman had a stroke and is now within a day or two of dying. He is in a coma. The wife happened to die at home a day ago. There appears to be no will or executor. No one has the contact information for his sister as there was a long-standing feud. How is the estate normally handled in this case in SC and how should the only relatives able to get to them handle this situation as they were pretty much loners? My father-in-law happens to be the relative going to SC and he would like to get her buried but not at his expense. He may or may not have a claim to the estate depending on SC law. Any advice you can provide is helpful to get her buried and what he should do if anything regarding the estate.
1 ANSWER
3 Awards
dying with a will is called intestate, dying without a will is called intestate. every state has an intestate statute that determines to whom property goes to when there is no will. this law is called the intestate succession statute in my state. he would probably inherit at least a percentage of her estate under the intestate statute, but you really need to ask a local SC lawyer.
Answered on Oct 22nd, 2013 at 8:54 AM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900