803-254-2200 803-254-2200

For South Carolina business and legal updates:

Practices + Industries

Estate and Trust Litigation

Overview

At Turner Padget, our Probate Litigation Practice combines two of our firm’s strengths:  litigation and probate and estate planning.  Our trial lawyers work closely with our probate and estate planning attorneys, one of whom is the former Probate Judge for Richland County, South Carolina (Columbia), to provide our clients with a broad range of experience to effectively represent their interests in probate and trust litigation.

We frequently represent heirs, beneficiaries, personal representatives, executors, and trustees, including corporate fiduciaries, throughout South Carolina.

Our attorneys have litigated cases involving the following issues:

  • Will contests, including claims of lack of capacity and undue influence
  • Contested appointments of personal representatives of estates
  • Spousal elective share
  • Disputes among beneficiaries
  • Disputes between beneficiaries and trustees, executors and personal representatives
  • Actions seeking and defending against removal of trustees and personal representatives
  • Issues involving tax apportionment
  • Claims of forgery
  • Actions against and the defense of trustees and executors for breach of fiduciary duty
  • Objections to, and the defense of, accountings
  • Petitions to determine entitlement to estate distributions
  • Petitions to determine heirs
  • Actions involving creditor claims
  • Construction of provisions in wills and trusts
  • Actions concerning elder abuse
  • Actions concerning the abuse and misuse of powers of attorney
  • Actions to recover property on behalf of incapacitated persons
  • Contested appointments of guardians and conservators
  • Joint bank account disputes
  • Pay on death bank account disputes
  • Disinterment/Exhumation to perform an autopsy