Experience the Difference with our unique approach to Probate Court litigation. Effective resolution of probate issues requires a problem-solving, thoughtful, and skilled approach. We understand what you are going through and we will walk you through family and financial issues one step at a time. We are accessible and caring, with the experience to evaluate the best course of action to be taken in probate litigation cases.
Call today for a consultation. Cases accepted throughout the State of South Carolina.
Probate Court has unique rules, procedures and timelines. Don't risk your case on a litigation attorney who is inexperienced in probate court. Whether challenging a will or defending it, we can develop a plan to put our clients in the best position possible.
Some common grounds for will challenges:
- Lack of capacity: the decedent may have had dementia, Alzheimer's, insanity or was under the influence of drugs or prescription medication
- The will was not properly executed or was witnessed by someone who gained from it
- Someone unduly influenced the decedent into making or signing the will
- A purported spouse claims common law marriage
- The will contains ambiguous language or a drafting error leads to an unintended result
- A newer will was signed, but has not been delivered to the Probate Court to be probated
Breach of Fiduciary Duty
When someone is appointed as a Personal Representative or Power of Attorney, they are a fiduciary. A fiduciary owes certain duties to the individual they are acting on behalf of. They must act with the highest standard of care. If a fiduciary breaches this standard of care, such as by misusing money, not protecting assets or acting in bad faith, there is a legal right of recovery against them.
Results are not guaranteed. Any results achieved on behalf of one client in one matter do not necessarily indicate similar results for another client.