A recording on my phone with my mother in talking giving her final wishes of things she wanted people to have,is this legal in S.C.?

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She has passed. The rest of family don't want to hear it. Says it don't matter and they are stealing her stuff left and right out of the house. We're they live. Won't let my husband get any of His things like when was a child,etc.There nothing much left. What can I do

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You raise an interesting question, particularly in terms of the widespread use of wireless devices as alternative means of communication.

Trusts (and possibly Wills - I don't recall whether they typically have these provisions) can provide that a "memorandum" be prepared by the individual who creates the document, specifying various personal objects which he/she wishes to be given to persons identified in the Memorandum.

This is for possessions that don't rise to the level of assets such as real property, vehicles, or financial assets.

This, however, was in the early 2000s, when cell phones were in use but not necessarily as prime communication devices. I don't follow electronic device statute issues or case law, but I'm thinking that there have been cases addressing the use of wireless devices with recording capabilities in lieu of written documentation, in specific situations.

So it is possible that there is some legal support for recording intents, but one of the issues would be verifying identity and free will of the person who made the recording.

You'd have to have access to Lexis/Nexis to do this kind of research. You could contact your local county bar association and ask if it has a bar library that allows nonattorneys to do research, and if L/N would be available.

Still, it's definitely a job for an attorney; case law isn't always easy to interpret.

Was there a will? Who's the personal rep/executor/executrix? This person should be protecting the assets. If there was no will, and no holographic will, distribution of assets is governed by state law. Research "holographic laws, South Carolina" for a general synopsis of distribution after death w/o a will or trust.

If the family are acting like hooligans and barring your husband from access, I don't know of any way he can get in other than physical confrontation or getting the police to accompany him so he can get what he wants or was allocated.

If there is an executor/trix/PR, that person should be considering getting an injunction to stop the pilfering.
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South Carolina may have its own idiosyncratic views on inheritance, but as an outsider I would be *astonished* if they included accepting a cellphone recording of an elderly lady saying what she wanted people to have as valid testament.

Instead, why don't you transcribe the items she names onto a written document and circulate it to the people concerned. If they choose not to acknowledge it there isn't anything you can do about it; but in that case let it be on their consciences while your husband and you remember that these things are just things and let them go.

I'm sorry for your MIL's passing, and for people's stomach-turning behaviour. It's a sad and depressing sight.
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