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…
Good to Know Blog
Intentional Interference with Inheritance: Is It a Cause of Action in South Carolina?
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.…
Who Will Decide Your Case: Judge or Jury?
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]…
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,…
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…
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…
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…
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…
Grosshuesch v. Cramer, 377 SC 12, 659 S.E.2d 112 (2008)
Richard Rosen and Andrew Gowdown represented an elderly couple and subsequently their guardian and personal representative in claims against a former caretaker who had manipulated the couple to obtain millions of dollars…
