Who Inherits A Wrongful Death Settlement When There Is No Will?

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If you have lost a loved one due to the careless or negligent actions of another party in South Carolina, you may be entitled to compensation through a wrongful death claim in civil court. However, what happens if your loved one passed away without a will? At The Jeffcoat Firm, our South Carolina wrongful death attorneys want to discuss what happens in these situations. We are ready to help you through this difficult time. 

Wrongful death settlements in the event there is no will 

Various South Carolina inheritance laws affect what happens to a person’s property in the event they pass away with no will. In this state, if a person dies without a will, intestacy laws will apply. These laws determine how a person’s property is distributed after their death, and the distribution depends on whether or not they are married and how many surviving family members there are. 

If a person has a spouse and no children, then the spouse will inherit the entire estate of the deceased. If a person has a spouse and children, then the spouse will get half of the estate, and the remaining amount in the estate will be split equally amongst the children. 

If a person passes and has no surviving spouse or children, then their parents will receive the estate settlement. If there are no surviving parents, children, or a spouse, then the SC intestacy laws will give the deceased’s property to more remote relatives. If there are no surviving family members, then the state of South Carolina will receive the property.

Contact our firm for a free consultation 

If you have lost a loved one due to the negligent or intentional actions of another party, contact The Jeffcoat Firm about your case today. Our wrongful death attorneys are ready to investigate your claim today. You can contact us for a free consultation of your case by clicking here or calling us at 803-373-1668.


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