Attorneys’ Fees and Success in Trust Disputes
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 …
Primer on Guardians, Conservators & Incapacitated Adults
Baby Boomers—Americans born between 1946 and 1964—now account for nearly 50 million people nationwide, according to census data. South Carolina is home to more than 800,000 of them, and it is anticipated that the number will grow to roughly one million by 2025. That’s nearly a quarter of the state’s population. With this aging population …
Difficult Discussions in The New Year
How to Avoid Probate Litigation The first couple of months of the year are traditionally a time for setting goals, assessing where things stand, and preparing for the upcoming year. In January, gyms are full, resolutions are still fresh, and people map out when, where, and how they’re going to clean out the garage/plant that …
Issues in Trust & Estate Litigation: “Undue Influence” Claims on the Rise
Trust and estate disputes are on the rise, including fiduciary litigation, will & trust contests, probate accountings, and guardianship & conservatorship proceedings, to name a few. This trend shows no signs of slowing down, and it impacts fiduciaries, beneficiaries, financial institutions, family businesses, and more. As contentious probate matters continue to grow in popularity, a …
Think Local—Engaging Local Counsel in South Carolina
Every fan of courtroom cinema familiar with the film My Cousin Vinny knows the challenges out-of-town lawyers face when entering a new courtroom. The story centers on a brash-talking Italian lawyer from New York—Vincent “Vinny” Gambini (played by Joe Pesci)—who is hired to defend his cousin and a friend against criminal charges in a small …