Probate, Estate Planning & Trust Section - South Carolina Bar ...

Agreement regarding distribution of estate
The decedent left a wife (Second Wife—not mother of his children) and two children. He named
his step-daughter as Personal representative in his will. The will left the wife a life estate in the
house which terminated at her remarriage. The will left the balance of the estate to the wife, but
the house was the only probate assets. The wife filed the elective share. The house needed to be
sold to pay the debts and the spousal share. The house was old, had a bad floor plan and would
not sell. The widow decided to purchase the house herself and entered into an agreement with
the children regarding the distribution of the estate.
STATE OF SOUTH CAROLINA )
)
)
COUNTY OF RICHLAND )
AGREEMENT REGARDING DISTRIBUTION OF
ESTATE
Agreement made regarding the distribution of the estate of James E. Murray between James
George Murray, Linda M. Smith, Jane T. Murray, and Martha C. Montgomery, as Personal Representative
of the estate of James E. Murray.
WHEREAS, James E. Murray (The Decedent) died on July 17, 2007. He was a resident of
Richland County, South Carolina, and his estate is being administered in the Richland County Probate
Court, Case 2007 ES 40 01037.
WHEREAS, the Decedent left a will dated September November 20, 1997, which has been
admitted to probate.
WHEREAS, the will had the following provisions:
1. Decedent’s real estate was devised to his wife, Jane T. Murray, for life, with a remainder
interest to his children, James George Murray and Linda M. Smith.
2. Decedent’s personal property, including his bank accounts, cash, and certificates of
deposit were bequeathed to his wife, Jane T. Murray.
WHEREAS, the parties to this agreement are all of the beneficiaries under the Decedent’s will
and the Personal Representative of the Decedent’s estate.
WHEREAS, at the time of his death, the Decedent’s only probate assets were his home at 1217
Western (W) Avenue, Cayce, South Carolina (Lexington TMS 007450-04-003) which had a tax
assessment at that time of $91,120, personal effects worth approximately $500, and a cemetery plot at
Greenlawn Memorial Park.
WHEREAS, the Decedent’s estate has no liquidity to pay his debts, funeral, and administrative
expenses.
estate.
WHEREAS, Decedent’s widow, Jane T. Murray, filed an elective share proceeding against his
WHEREAS, Martha C. Montgomery, as Personal Representative of the decedent’s estate, filed a
petition to sell Decedent’s real estate in order to provide the funds for the funeral expenses, court costs,
and administrative expenses.
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