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A Guide for Siblings in South Carolina Probate Court

Butler Law Aug. 31, 2021

After a South Carolina resident dies, their children might end up fighting in probate court. Probate court is most often used when there are disputes about the deceased last wishes or what should happen to elements of their estate.

Arguing in probate court can be an emotionally and financially draining process. Hopefully, estate plans are drafted up to make things as easy as possible, but sometimes siblings may end up fighting their own family members or each other trying to sort everything out.

Avoiding Probate Court Altogether

At the end of the day, even siblings that fight will realize they don’t really want to be in probate court. Most parents wouldn’t want their children wasting time and money in a probate court either.

That’s where the parent can try to make things as easy as possible for their children before they pass. Most parents can work with their lawyers to set up a thorough estate plan that addresses all major assets, bank accounts, investments as well as personal items.

Just creating an estate plan might not be enough to help your kids stay out of probate court. Making sure that you update your estate plan at least every year to address any changes in relationships or financial situations is important to prevent unnecessary probate battles.

Hire a Mediator or Third Party to Act as A Guide

Even the most foolproof estate plan won’t guarantee that your children won’t end up in probate court. There’s always the chance of someone disputing it or asking for a closer look. To help children settle all of their disagreements without dragging things into probate court, parents can look into having a third party oversee the reading of the will.