Although a will and testamentary trust charged the executor/trustee – who also held a life estate in the trust’s property – with protecting the interests of the remaindermen, the will and trust also gave the executor/trustee full authority to mortgage the trust property, and the defendant-lender had no monitor the executor/trustee’s use of the mortgage […]
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 judgment on these grounds. We reverse summary judgment for respondents. Remanded. Background In 1981, the […]
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 (2) appellant’s sale and attempted sale of iconic assets from the estate and the use […]
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 representatives could divide the estate’s residue such that they received the only income-producing property wh[...]
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 deficiency, but where the IRA was payable on death to the defendant-widow, the court finds […]
Civil Practice – Pre-Complaint Requirements – Unincorporated Association – Demand – Trusts & Estates – Workers’ Compensation
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 affairs of a trust such that the complaint should have been filed in probate court, […]
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 […]
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 fiduciar[...]
Real Property – Adverse Possession – Trusts & Estates – Wills – Constructive Trust – Life Estate & Remainder
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.
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.
Real Property – Partnership – Trusts & Estates – Promissory Notes – Evidence – Dead Man’s Statute – Tort/Negligence – Breach of Fiduciary Duty
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.
In re Quint Although no party has objected to the special administrator’s motion, and although this court has not previously addressed the issue of whether a Chapter 13 case may be converted to a Chapter 7 case following the death of a debtor, other courts have held that such a conversion is impermissible.
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