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Probate Litigation

Appropriate planning can help avoid controversy relating to the disposition of assets on death and the management of assets and health care during periods of incompetence.  Sometimes, despite the best planning efforts, disputes arise.

The litigation practice group can assist you with disputes arising upon death before the South Carolina Probate Courts. We have experience resolving competing heirs’ claims, will contests, elective share and omitted spouse rights, the enforceability of prenuptial agreements, and challenges to conduct of fiduciaries.

South Carolina Probate Courts also have jurisdiction over matters relating to the assets and personal issues of the legally disabled.  Our litigators can provide assistance resolving controversies related to the protection of assets of minors and adults who are not legally able to manage their affairs.   We can also guide you through disputes that involve issues related to the direction of personal care of incompetents.

Our litigation team works closely with our Trusts and Estates Practice Group to assure that resolutions are in line with estate plans and tax laws.