Blogs

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

Bijan Ghom June 10, 2021
Breach of Trust. Probate. Trustee

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 for large sums of money, real property, and other assets. Because trustees are entrusted with another’s property, they are considered fiduciaries, and therefore …

Intentional Interference with Inheritance: Is It a Cause of Action in South Carolina?

Elizabeth April 27, 2021

Intentional interference with inheritance is a tort cause of action that is gaining traction throughout the United States, but is it a valid claim in South Carolina? The answer is not yet. In Wellin v. Wellin, Judge David C. Norton predicted that South Carolina would adopt the intentional interference with inheritance cause of action if …

Who Will Decide Your Case: Judge or Jury?

Bijan Ghom January 27, 2021

The party bringing the lawsuit—the plaintiff—is described as the master of his complaint. The United States Supreme Court has even said that the plaintiff is “ordinarily allowed to select whatever forum [she] considers most advantageous.” Atl. Marine Const. Co., Inv. v. U.S. Dist. Court for W. Dist. Of Texas, 134 S. Ct. 568, 581 (2013). …

Attorneys’ Fees and Success in Trust Disputes

Daniel “Frank” Blanchard, III January 13, 2021

One of the inevitable, but regrettable, realities of trust and estate law is disputes. Ideally, these can be resolved by discussion and compromise. When they can’t, they often wind up in court, which means engaging counsel, litigation, and ultimately, legal fees. Who pays those fees? Consider the not-uncommon scenario in which one trustee decides to …

Attorneys’ Fees and Success in Trust Disputes

Daniel “Frank” Blanchard, III December 18, 2019
Charleston Trust Disputes Lawyer

One of the inevitable, but regrettable, realities of trust and estate law is disputes. Ideally, these can be resolved by discussion and compromise. When they can’t, they often wind up in court, which means engaging counsel, litigation, and ultimately, legal fees. Who pays those fees? Consider the not-uncommon scenario in which one trustee decides to …

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