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All beneficiaries of Trust have the right to payment as set forth in the document of the trust. It is mandatory for trustee's and author's to make sure that the beneficiary receives whatever payment is legally supposed to be given to the beneficiary. Beneficiary has the right to receive all profits.
In essence, a surviving spouse's Right of Election renders it impossible to disinherit a spouse. Section 62-2-201 provides that a surviving spouse has the right to override the Will's terms and receive one-third of the probate estate as computed under South Carolina Probate Code section 62-2-202.
Simply put, if you have a legally binding will when you pass away then the dictates of that document will determine what happens to your assets- so if you have listed your spouse as sole beneficiary, they will receive everything, or exactly how much you have given to them in the will.
Simply put, if you have a legally binding will when you pass away then the dictates of that document will determine what happens to your assets- so if you have listed your spouse as sole beneficiary, they will receive everything, or exactly how much you have given to them in the will.
A remainder beneficiary is a person who is entitled to receive principal when the income interest in a trust ends. This typically means that the income from a trust goes to one or more income beneficiaries, either for a fixed period of time or until a future event (such as their deaths).
If you're a remainder beneficiary, meaning that your rights aren't vested yet, but they'll come into place a current beneficiary passes away. Then you may be entitled to an accounting. But you're not entitled to an accounting as a matter of right. It'll be up to the discretion of the California Probate Court.
Spousal Inheritance Laws in South Carolina A surviving spouse is entitled to the elective share, or one-third of the decedent's estate by law.
If you live in South Carolina and die without a valid will and have only a surviving spouse (but no children), your spouse gets everything. If you have children and you die intestate in South Carolina, your spouse inherits half of your estate while your children get the other half evenly.
Many married couples own most of their assets jointly with the right of survivorship. When one spouse dies, the surviving spouse automatically receives complete ownership of the property. This distribution cannot be changed by Will.