Civil Practice – Interpleader – Trusts & Estates – Payable on Death IRA –...
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...
View ArticleTrusts & Estates – Nonclaim Statute – Discovery Rule – Inapplicable
Phillips v. Quick (Lawyers Weekly No. 011-094-12, 6 pp.) (Thomas E. Huff, J.) Appealed from Anderson County Circuit Court. (J. Cordell Maddox Jr., J.) S.C. App. Full-text opinion. Holding: S.C. Code...
View ArticleReal Property – Adverse Possession – Trusts & Estates – Wills – Constructive...
Dawkins v. Mozie (Lawyers Weekly No. 011-111-12, 5 pp.) (H. Bruce Williams, J.) Appealed from Fairfield County. (Robert Lee Hartman III, Special Referee) S.C. App. Full-text opinion. Holding: Since her...
View ArticleTort/Negligence – Breach of Fiduciary Duty – Trusts & Estates – Banks &...
Mozingo v. Wells Fargo Bank (Lawyers Weekly No. 002-161-12, 25 pp.) (Terry L. Wooten, J.) 4:11-cv-00522; D.S.C. Holding: In its role as a trustee of plaintiff’s trust, the defendant-bank allegedly gave...
View ArticleTrusts & Estates — Real Property – USDA Subsidies – Statute of Limitations –...
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...
View ArticleCivil Practice – Pre-Complaint Requirements – Unincorporated Association –...
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...
View ArticleCivil Practice – Interpleader – Trusts & Estates – Payable on Death IRA –...
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...
View ArticleTrusts & Estates – Wills – Asset Distribution – Executors’ Discretion –...
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...
View ArticleTrusts & Estates – Removed PR – Tort/Negligence – James Brown Estate
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...
View ArticleTrusts & Estates – Civil Practice – Summary Judgment – Estoppel – Movants’...
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...
View ArticleWills & Trusts – Mortgages – Executor/Trustee’s Authority – Banks & Banking
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...
View ArticleTrusts & Estates – Constructive Trust – Resulting Trust – South Carolina...
The circuit court did not err in failing to impose a resulting or constructive trust over the property. We affirmed the court’s order. In this civil action, appellants Vidhya and Darshak, individually...
View ArticleTrusts & Estates – Breach of Fiduciary Duty to Estate and Beneficiaries –...
The circuit court did not err in affirming the probate court’s order removing Rose Walsh as personal representative of the Estate, as Walsh breached her fiduciary duty to the Estate. We affirmed the...
View ArticleTrusts & Estates – Breach of Fiduciary Duty to Estate and Beneficiaries –...
The circuit court did not err in affirming the probate court’s order removing Rose Walsh as personal representative of the Estate, as Walsh breached her fiduciary duty to the Estate. We affirmed the...
View ArticleTrusts & Estates – Omitted Spouse’s Share – Transfer Outside the Will
The decedent’s surviving wife is entitled an omitted spouse’s share of her husband’s estate. We affirmed the orders of the probate and circuit courts. In this dispute over the estate of the late...
View ArticleTrusts & Estates – Contractual Relationship – Third-Party Beneficiary
South Carolina law does not support appellant’s position that she was a third-party beneficiary with vested rights under her father’s USAA individual retirement account. We affirmed the circuit court’s...
View Article