The affidavits in support of respondents’ summary judgment motion did not set forth facts supporting the elements of equitable estoppel or estoppel by deed; consequently, appellant’s failure to respond with affidavits of his own did not entitle respondents to summary ...

Tagged with: Trusts & Estates

After appellant was removed as personal representative of the James Brown estate, respondents sued her for several torts based on, among other things, (1) appellant’s request for millions of dollars for services provided in a short amount of time and ...

Tagged with: Trusts & Estates

The testatrix’s will gave her personal representatives broad discretion in making distributions. Given such broad discretion, and despite the fact that the estate was unable to fulfill the testatrix’s specific bequest of $400,000 in cash to her respondent-stepdaughter, the personal ...

Tagged with: Trusts & Estates

UBS Financial Services, Inc. v. Banco Popular de Puerto Rico (Lawyers Weekly No. 002-117-17, 18 pp.) (Mary Geiger Lewis, J.) 6:17-cv-00607; D.S.C. Holding: Where the defendant-bank says a portion of a decedent’s IRA is necessary to pay a mortgage foreclosure ...

Tagged with: Trusts & Estates

Patterson v. Witter (Lawyers Weekly No. 011-057-16, 14 pp.) (H. Bruce Williams, J.) Appealed from Richland County Circuit Court (G. Thomas Cooper Jr., J.) S.C. App. Holding: Despite having their first circuit-court complaint dismissed because the suit involved the internal ...

Tagged with: Trusts & Estates

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 ...

Tagged with: Trusts & Estates

Mozingo v. Wells Fargo Bank In its role as a trustee of plaintiff’s trust, the defendant-bank allegedly gave plaintiff advice in April 2008 about a contract that plaintiff then signed in June 2008. Since plaintiff terminated the bank’s role as trustee in May 2008, the bank’s April 2008 advice about the June 2008 contract cannot serve as the basis for plaintiff’s breach of fiduciary duty claim.

Tagged with: Banks & Banking Breach of Fiduciary Duty Tort/Negligence Trusts & Estates

Dawkins v. Mozie Since her mother devised a .75-acre tract to her in 1992, and despite an eviction action by one of her sisters in 1994, plaintiff has refused to vacate the premises and has continued to live on the property. Plaintiff adversely possessed the property at issue for more than 10 years before she filed this adverse possession action in 2005.

Tagged with: Real Property Trusts & Estates Wills

Phillips v. Quick S.C. Code Ann. § 62-3-803 is a nonclaim statute, and the discovery rule does not apply to it. Since respondent filed her claim against the decedent’s estate more than nine months after the first publication of notice to creditors, respondent’s claim was time-barred.

Tagged with: Trusts & Estates

Nandwani v. Queens Inn Motel Since mortgages are real property, after the beneficiary of promissory notes secured by mortgages died, his heirs could immediately assign the promissory notes. They did not have to wait until the estate was probated under the intestacy statute. We modify and affirm the special referee’s decision.

Tagged with: Breach of Fiduciary Duty Evidence Real Property Tort/Negligence Trusts & Estates