Category Archives: Wills

Do I need to leave anything in my will to my children?

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Recently, news broke that Jerry Lewis had disinherited several of his children. In South Carolina, there is no legal requirement to leave your children anything in your will.  Back in the day, many people would leave their children a nominal amount, say $5. That can create additional paperwork because your personal representative is then going to have to prove that the child received the funds. In some cases the child does not cooperate, particularly if there are hard feelings and they are only turning down a nominal amount. If you do not want to leave a child or children anything, it is best to just say so in the will and leave it at that. An attorney can usually help you do this correctly so that there is no question about your intent.

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In South Carolina, can I file my will with the probate court for safekeeping?

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In South Carolina, you cannot file a will with the probate court while you are alive. I believe at some point in the past the Courts had vaults to keep wills, but nowadays it is up to you to keep up with it. So, keep your will safe, don’t write on it, and let someone know where it is!