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Trusts And Estates

Jun 15, 2015

Trusts & Estates — Real Property – USDA Subsidies – Statute of Limitations – First Impression – Partition

Estate of Livingston v. Livingston (Lawyers Weekly No. 010-061-15, 2 pp.) (Per Curiam) Appealed from Orangeburg County (Olin Davie Burgdorf, Master-in-Equity) On writ of certiorari to the Court of Appeals. S.C. S. Ct. Holding: We improvidently granted certiorari to review the Court of Appeals’ decision (Since the application for USDA subsidies must be renewed every […]

Feb 24, 2015

Trusts & Estates — Trust Protector – Trust Amendment – Administrative Provisions – Replacement

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 procedure for removal of a trust protector. Therefore, the defendant-beneficiaries’ purported removal of the trust […]

Oct 20, 2014

Trusts & Estates — Civil Practice – Real Party in Interest – Trust Protector – Invalid Removal

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 as trust protector but did not appoint a new trust protector for three months, defendants’ […]

Apr 22, 2014

Trusts & Estates – South Dakota Law – Guardian ad Litem – Unborn Descendants – Civil Practice – Real Party in Interest

Schwartz v. Wellin (Lawyers Weekly No. 002-096-14, 17 pp.) (David Norton, J.) 2:13-cv-03595; D.S.C. Holding: The trust at issue is governed by South Dakota law, and S.D. law authorizes the appointment of a guardian ad litem to represent the interests of unborn beneficiaries only when there is no existing living person who shares their interest. […]

Mar 3, 2014

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 continued to make payments on his decedent’s mortgages for two years after he gave notice […]

Jan 27, 2014

Trusts & Estates – Wills – Patent Ambiguity – Fee Simple Life Estate

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 Hinson,] all my real estate, in fee simple, as long as she lives then to […]

Jan 15, 2014

Trusts & Estates – Civil Practice – TRO – No Likelihood of Success – Proceeds of Trust Asset Sale

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 the trust, and deposited $95 million of trust assets into their own bank accounts, the […]

Dec 13, 2013

Trusts & Estates – Tort/Negligence – Breach of Trust – Conversion – Damages

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.

Jul 19, 2013

Trusts & Estates – Pretermitted Child – Unknown to Decedent – No Inheritance

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.

Jul 10, 2013

Trusts & Estates -Tort/Negligence – Breach of Fiduciary Duty – Real Property Sales – Damages

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 [...]

May 14, 2013

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.

Mar 5, 2013

Trusts & Estates – Wills – James Brown Estate — Charitable Trust – Heirs’ Challenges – AG’s Intervention – Settlement

Wilson v. Dallas The circuit court approved a settlement that transferred a large portion of the assets of James Brown’s estate to persons who had been specifically excluded from his will, in contravention of his stated desired.

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