McDevitt v. Wellin (Lawyers Weekly No. 002-028-15, 12 pp.) (David Norton, J.) 2:13-cv-03595; D.S.C. Holding: The court reconsiders its previous interpretation of the terms of the parties’ trust and rules that the trust protector had the authority to amend the ...Read More »
Trusts And Estates
Schwartz v. Wellin (Lawyers Weekly No. 002-205-14, 6 pp.) (David Norton, J.) 2:13-cv-03595; D.S.C. Holding: Where the trust in question says, “There shall always be a Trust Protector for each separate trust,” and where defendants purported to remove plaintiff Schwartz ...Read More »
Trusts & Estates – Non-Claim Statute – Real Property – Mortgages – Foreclosure – Deficiency Judgment – Default
Beach First National Bank v. Estate of Gurnham (Lawyers Weekly No. 010=-020-14, 15 pp.) (Donald Beatty, J.) Appealed from Beaufort County Circuit Court (Marvin Dukes III, Special Judge) S.C. S. Ct. Holding: Even though the personal representative of an estate ...
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Woods v. Hinson (Lawyers Weekly No. 011-005-14, 4 pp.) (Per Curiam) Appealed from Chester County Circuit Court (Brooks P. Goldsmith, J.) S.C. App. Unpub. Holding: Where Levie Hinson’s will states, “I will, devise and bequeath unto my beloved wife, [Reba ...Read More »
Schwartz v. Wellin (Lawyers Weekly No. 002-009-14, 11 pp.) (David C. Norton, J.) 2:13-cv-03595; D.S.C. Holding: Even though the defendant-trustees/beneficiaries liquidated certain assets owned by a partnership (in which their trust owned a 98.9 percent interest), transferred the proceeds to ...
Tagged with: Wellin TrustRead More »
Dodson v. Roberts A trustee who failed to inventory or account for trust property, converted trust property to his own use, and engaged in conflict-of-interest transactions with trust property is liable to the beneficiaries, though the trustee’s failure to keep records makes a calculation of damages difficult for the court.
Tagged with: administrationRead More »
Turner v. Daniels Since decedent never learned of the existence of his daughter, he did not leave her out of his will “solely because he believes that child to be dead.” Therefore, the daughter is not entitled to share in decedent’s estate under S.C. Code Ann. § 62-2-302(b). We affirm the dismissal of the daughter’s inheritance claim.
Tagged with: inheritance claimRead More »
Turpin v. Lowther Even though the defendant-personal representative distributed the decedent’s real property to the estate beneficiaries before defendant bought the same real property back from the beneficiaries and re-sold it at a higher price, defendant breached his fiduciary duty when he learned the value of the land in his capacity as personal representative but did not relay this information to the beneficiaries
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Trusts & Estates – Wills – Charitable Trust – Attorney General’s Intervention – Settlement – Removal of Fiduciaries
Wilson v. Dallas Even if James Brown’s family members had good faith claims against his estate, the Attorney General did not have the authority to settle those claims by giving the claimants nearly half of Mr. Brown’s estate, creating a replacement for Mr. Brown’s charitable trust, and assuming day-to-day responsibility for the replacement trust.
Tagged with: replacement trust.Read More »