Clemson Attorneys Handling Probate Disputes
When a parent dies or becomes incapacitated, differences that existed in the family for many years can rise to the surface. At the law firm of Aaron & Aaron in Clemson, our lawyers handle all types of disputes that involve probate court, including:
Breach of fiduciary duty by a personal representative
Undervaluation of the assets of the estate
Misappropriation of assets
Self-dealing by a personal representative or agent under a power of attorney
Removal of a personal representative
In some cases, our lawyers can help our clients avoid potentially costly litigation that can draw out the probate process and waste assets that could otherwise go to beneficiaries. Emotions can run high when a family member dies. Our lawyers will make every effort to minimize conflicts and obtain a favorable resolution. Our lawyers represent personal representatives, beneficiaries, heirs and creditors.
Our Probate Services
Whether or not litigation is involved after the death of a loved one, our attorneys are well-prepared to:
Supervise the probate process for beneficiaries and others who have an interest in it
Assist clients who are interested in selling the loved one's real estate property
Help clients whose loved ones lived in another state but owned property in South Carolina
The development of disputes over any probate matters can make administration of an estate more complex, but with qualified legal counsel, delays and additional costs can be contained.
When Can A Will Be Contested In South Carolina?
The most common basis for contesting a will in South Carolina is alleged undue influence by a caretaker or family member. For example, in the final months of a parent's life, one of the adult children may assume the role of caretaker. If the parent subsequently changes his or her will in favor of the caretaker, the probate court can look at the circumstances to determine if the caretaker exerted undue influence over the parent.
Other basis for contesting a will include lack of testamentary capacity, fraud and errors in the drawing up of the will. The Probate Code contains important deadlines for individuals who wish to contest a will or the administration of an estate. Call Aaron & Aaron promptly, to ensure that you don't miss an important deadline, which would adversely affect your claim or the defense of an unwarranted claim.
For Information And Representation In The Event Of A Probate Dispute
Schedule a free phone consultation with our Clemson, South Carolina, probate litigation attorneys. We are here to help with your legal concerns after the death of a mother, father, husband, wife or other family member. Call 864-271-5545 or complete our contact form today.