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Trusts & Estates – Challenge to Transactions – Statute of Limitations –...
Statute of limitations could not be equitably estopped or tolled where decedent’s attorney had knowledge of the facts underlying the estate’s claim that could be imputed to decedent. We grant...
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Trusts & Estates – Wills – Undue Influence – Contact & Communication...
The testimony of Testatrix’s physical therapists, the lawyer who drew up her new will, and the lawyer’s assistant was sufficient to rebut the presumption of undue influence that arose from the...
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Trusts & Estates – Attorneys – Sanctions – Widow – Death Certificate & Obituary
Although § 15-36-10(C)(1) of the South Carolina Frivolous Civil Proceedings Sanctions Act delineates at what procedural stage a court will determine if a claim or defense is considered frivolous upon a...
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Trusts & Estates – Wills – Execution – Deceased Witnesses – ‘Other Evidence’
The death of the witnesses to a non-self-proving will does not prohibit the probate of the will because the proponent of the will may present “other evidence” of due execution. S.C. Code Ann. §...
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Trusts & Estates – Statute of Limitations – Father’s Debt to Mother –...
Although decedent William Murray signed a letter in 2006, which his daughters claim acknowledged his continuing debt to their late mother’s estate, the letter was too equivocal to constitute an...
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Trusts & Estates-Trustee’s Fee & Personal Representative’s Commission –...
The estate of the late James Brown faced a mountain of challenges, and there was testimony that it was next to impossible to competently administer the estate without retaining experts to assist, yet...
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Trusts & Estates – Wills – Asset Distribution – Executors’ Discretion –...
The testatrix’s will gave her personal representatives broad discretion in making distributions. Given such broad discretion, and despite the fact that the estate was unable to fulfill the testatrix’s...
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Trusts & Estates – Removed PR – Tort/Negligence – James Brown Estate
After appellant was removed as personal representative of the James Brown estate, respondents sued her for several torts based on, among other things, (1) appellant’s request for millions of dollars...
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Trusts & Estates – Civil Practice – Summary Judgment – Estoppel – Movants’...
The affidavits in support of respondents’ summary judgment motion did not set forth facts supporting the elements of equitable estoppel or estoppel by deed; consequently, appellant’s failure to respond...
View ArticleWills & Trusts – Mortgages – Executor/Trustee’s Authority – Banks & Banking
Although a will and testamentary trust charged the executor/trustee – who also held a life estate in the trust’s property – with protecting the interests of the remaindermen, the will and trust also...
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