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Old 09-25-2008, 08:55 AM
 
14 posts, read 42,538 times
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Hi everyone,

My husband and I are relocating to SC in 6 weeks (yay!). One of the first things we need to do is to rewrite our wills. Does anybody know if SC law allows for children to be excluded? I know that different states vary on this issue.

Thanks!
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Old 09-25-2008, 03:18 PM
 
163 posts, read 563,433 times
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Quote:
Originally Posted by CH-elf View Post
Hi everyone,

My husband and I are relocating to SC in 6 weeks (yay!). One of the first things we need to do is to rewrite our wills. Does anybody know if SC law allows for children to be excluded? I know that different states vary on this issue.

Thanks!
Idk...But just so I am understanding you correctly..You want to exclude (not leave) your children anything? right?
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Old 09-25-2008, 03:25 PM
MOC
 
57 posts, read 184,295 times
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That is something you should be asking a lawyer not putting on a forum.
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Old 09-25-2008, 10:11 PM
 
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I agree ........ what a strange and sad thing to ask on a forum. It is so in the realm of things people would not think about that maybe someone has an answer but I sure don't.
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Old 09-26-2008, 06:27 AM
 
14 posts, read 42,538 times
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I asked because I would have liked to have some kind of an idea before consulting with a lawyer, and simply googling it didn't produce a lot of results.

We have a lot of reasons for not including our children in our will. We prefer instead to bequeath our assets to charities, namely the APL along with a foreign organization for orphaned children. We would like to help those who cannot help themselves - our children are able to make plenty of money in the future (Warren Buffet has excluded his children from his will as well).

I apologize to those of you that this question offended - this forum was really just a tool for me to try to get an answer before I contacted a lawyer.
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Old 09-26-2008, 05:10 PM
 
Location: SC
1,141 posts, read 3,396,838 times
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Quote:
Originally Posted by CH-elf View Post
I asked because I would have liked to have some kind of an idea before consulting with a lawyer, and simply googling it didn't produce a lot of results.

We have a lot of reasons for not including our children in our will. We prefer instead to bequeath our assets to charities, namely the APL along with a foreign organization for orphaned children. We would like to help those who cannot help themselves - our children are able to make plenty of money in the future (Warren Buffet has excluded his children from his will as well).

I apologize to those of you that this question offended - this forum was really just a tool for me to try to get an answer before I contacted a lawyer.

It was a decent question, who knows maybe a lawyer posts here? Anyway it's my knowledge personally first hand, that if the children are under 18, they automatically get the estate (they are considered minor children).
And if your will gave everything to charity, it would most likely be fought in court by your local probate court, which would represent the minor child.
There are strict laws about kids under 18. However if you have adult children, you owe them nothing and you are free to do as you wish with your will. Many people do not leave their adult children estates, for all kinds of various reasons.
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Old 09-27-2008, 05:30 AM
 
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This all makes more sense now. Sorry for the initial response.
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Old 09-28-2008, 06:23 AM
 
Location: SC
1,141 posts, read 3,396,838 times
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Quote:
Originally Posted by Mrs. P View Post
It was a decent question, who knows maybe a lawyer posts here? Anyway it's my knowledge personally first hand, that if the children are under 18, they automatically get the estate (they are considered minor children).
And if your will gave everything to charity, it would most likely be fought in court by your local probate court, which would represent the minor child.
There are strict laws about kids under 18. However if you have adult children, you owe them nothing and you are free to do as you wish with your will. Many people do not leave their adult children estates, for all kinds of various reasons.

Tweaking the response a bit. In some states if you change your will to leave nothing to family members and give it all to charity or whatever else you choose, but you'd both die within 6 months of the new will, your children and or family members could contest it. Therein lies "each" states rules.
It's to be determined by what state your residenceis in, not by where the will was drawn up. However, you do need an attorney's help, they know the laws for SC.
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Old 09-28-2008, 05:11 PM
 
14 posts, read 42,538 times
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Thank you so much for your knowledgeable responses, Mrs. P! I really appreciate it.

I hope to contact a lawyer in Fort Mill soon after our move to get the new will drawn up. I want to get it done ASAP so the new one will supercede our old will, where we were required by law to leave our children 3/16 of our assets.

Again, I appreciate your posts.
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