Seifert v. Southern National Bank Of South Carolina

305 S.C. 353, 409 S.E.2d 337 (1991)

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Nature of the Case

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Facts

Testator created a revocable inter vivos trust in favor of his daughters from a prior marriage (D). His will provided that the residue of his estate be transferred to this trust upon his death. Under Testator's will and the trust, his widow (P) was to receive a life interest in a portion of the funds from D's trust, and a life interest in half of the couple's home. P filed a request for her elective share. However, Testator's will was designed so that there was no property in the estate other than his interest in the house and his personal property. P then challenged the estate plan, arguing that the revocable inter vivos trust should be included in the estate. The lower court held that the trust should not be included in the estate. P appeals.