§ 62-2-114 — Limitation on parent's entitlement as intestate heirs to estate proceeds; failure to provide support for decedent during minority.

South Carolina § 62-2-114

• Jurisdiction: South Carolina
• Title 62: SOUTH CAROLINA PROBATE CODE
• Ch.: ARTICLE 2 - INTESTATE SUCCESSION AND WILLS

Text

Notwithstanding any other provision of law, if the parents of the deceased would be the intestate heirs pursuant to Section 62-2-103(2), upon the service of a summons, petition and notice by either parent or any other party of potential interest based upon the decedent having died intestate, the probate court may deny or limit either or both parent's entitlement for a share of the proceeds if the court determines, by a preponderance of the evidence, that the parent or parents failed to reasonably provide support for the decedent as defined in Section 63-5-20 and did not otherwise provide for the needs of the decedent during his or her minority. If the court makes such a determination as to a parent or parents, the parent shall be a disqualified parent. The proceeds, or portion of the proceeds, that a disqualified parent would have taken shall pass as though the disqualified parent had predeceased the decedent.

Legislative History

HISTORY: 1996 Act No. 370, SECTION 1; 2013 Act No. 100, SECTION 1, eff January 1, 2014. Part 2 Elective Share of Surviving Spouse