Probate Litigation

Charleston Estate Planning | South Carolina Probate LitigationEstate litigation that involves legal conflicts relating to the subjects of aging, disability, incapacity or death, is often characterized as probate litigation. Probate litigation may be understood as a generalized form of estate litigation that handles issues ranging from will contests to trust litigation to guardianship litigation. Whereas will contests, trust litigation and guardianship all handle specific legal disputes in estate planning, probate litigation can challenge an estate planning matter at any stage or at multiple phases in the probate process. Most probate litigation revolves around court battles of guardianship, powers of attorney, patient advocate designations and living wills. Some possible circumstances that could require probate litigation are:

  • Challenges to the validity of a proper will
  • Disputes of the mechanics or construction of a will
  • Lawsuits regarding the construction or reformation of trusts
  • Requests to terminate a trust
  • Conflicts with guardianship
  • Disputes involving the power of attorney or health care directives
The simplest solution to any of these issues would be preemptive and careful estate planning. The construction of a proper last will and testament that provides for the needs of all loved ones would remove the possibility of heirs disputing over improper inheritances. Life insurance trusts can easily separate the interests of the spouse and children to provide for both of them. Estate planning for incapacity will prevent conflicts of power of attorney, health care directives or guardianship. As a general rule, estate planning for the family ensures that interests of all loved ones are considered and given adequate provisions so that hopefully future disputes will prove unnecessary.

It is important to note that many time-dependent statutes are in place that may make probate cases difficult to perform without enough time or proper planning. For this reason, it is crucial to seek legal counsel in a timely manner in order to develop a suitable contest to an estate. Our Charleston probate attorneys provide legal representation to individuals, professionals and families who are experiencing legal conflicts with wills, trusts, guardianship or any other estate planning matters.