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05/13/24  |  Probate, Estate, and Trust Litigation

Legal Update: Intentional Interference with Inheritance

What happens when one person influences another to make significant changes to their will or estate plan, causing their beneficiaries to wrongfully lose out on part or all of their inheritance? Many

Rosen Hagood Landingpage 43

04/08/24  |  Probate, Estate, and Trust Litigation

How Will the Recent US Supreme Court Holding About Arbitration Waiver Requirements Impact South Carolina Law?

A recent decision by the U.S. Supreme Court in Morgan v. Sundance Inc., 596 U.S. 411 (2022), addressed the issue of the enforceability of arbitration agreements in contracts and the ability of

can you sue for breach of fiduciary duty

01/25/24  |  Business and Commercial Litigation

Can You Sue for Breach of Fiduciary Duty in South Carolina?

What happens when the personal representative of a will acts in their own interests rather than the best interests of the deceased? Similarly, what if a corporate officer engages in self-dealing rather

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03/02/23  |  Probate, Estate, and Trust Litigation

Grounds for Contesting and Challenging Wills in South Carolina

Most people assume that a last will and testament, or at least a document purporting to be one, is the final say in what happens to a person’s estate. But there are

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07/21/22  |  Probate, Estate, and Trust Litigation

How to Become the Personal Representative of Your Parents’ Estate

Children often want to ensure that their parents’ estates will be properly administered after their deaths. Parents, in turn, naturally desire that their children should take over their personal affairs after they

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03/25/22  |  Probate, Estate, and Trust Litigation

What to Do if Your Trustee is Making Improper Investments

One power that trustees have is to make investments of trust assets. Although trustees are granted a certain degree of authority in their investment decisions, that authority is not absolute. It is

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02/09/22  |  Probate, Estate, and Trust Litigation

How a Trustee Should Handle an Unhappy Beneficiary

The trustee of a trust is responsible for managing trust assets in the sole interest of its beneficiaries. The trustee stands in a special relationship of fiduciary responsibility to the grantor of

01/17/22  |  Probate, Estate, and Trust Litigation

What to Expect if You Are Challenging a Will in South Carolina

A last will and testament should accurately reflect what a person desires to happen to his or her estate upon death. However, not all wills are created equally. For one reason or

debtor who has passed

07/14/21  |  Probate, Estate, and Trust Litigation

How To File a Creditor’s Claim Against a South Carolina Estate

If a person who owes you money passes away, you will likely need to make a claim in probate court to recover your money. Certain deadlines and procedures have to be followed

What Can A Beneficiary Do To Remedy A Breach Of Trust?

06/10/21  |  Probate, Estate, and Trust Litigation

What Can A Beneficiary Do To Remedy A Breach Of Trust?

A trust is a legal vehicle that allows a trustee to hold and direct assets on behalf of a beneficiary. Trustees have extraordinary power to manage a trust and are often responsible