Experienced South Carolina Attorneys Litigate Probate Disputes
Dedicated lawyers represent clients in the Rock Hill area during inheritance conflicts
The attorneys at Hamilton Martens, LLC advocate on behalf of clients in the Rock Hill area and throughout South Carolina who want to ensure that property and wealth are handled in accordance with the desires and instructions of the deceased. If you suspect that a will is fraudulent or invalid, or that an estate is being mismanaged, you have a right to seek remedy in court. Similarly, estate administrators are entitled to defend themselves against accusations of incompetence or unlawful conduct. We represent beneficiaries and executors in estate litigation, seeking favorable resolutions to disputes.
Informed South Carolina attorneys guide clients through will challenges
There are several bases for challenging a will. Whether you are alleging misconduct or accused of it, it is important to understand the legal reasons a will may be challenged:
- Lack of capacity — This ground alleges that the person who signed the will (the "testator"), was not of sound mind at the time the will was created.
- Undue influence — A will might be invalid if a person with access to and power over the testator used emotional manipulation to gain special consideration in the will.
- Fraud — This ground alleges that the person who signed the will was deceived about the contents of the document at the time it was drawn up.
- Void for vagueness — This ground asserts that the terms of the will are open to conflicting interpretations, and it is impossible to know which interpretation is correct. A challenger can seek to prevent all or part of the will from being implemented.
Many probate disputes stem from suspicions that a particular individual took advantage of the deceased and was included in the will to the detriment of the rightful heirs. While the court looks harshly on elder exploitation, all challenges must be supported by reliable evidence. The lawyers at Hamilton Martens, LLC will represent your interests in a will contest.
Accomplished counselors help with claims of executor misconduct
Executors have a fiduciary duty to manage the assets of an estate according to the wishes of the decedent, for the benefit of the beneficiaries. The fiduciary must act in total accordance with the terms of the will so that assets are not lost due to waste, fraud, misallocation or mismanagement. Beneficiaries may challenge alleged misconduct and demand a full account of a fiduciary’s actions. The attorneys at Hamilton Martens, LLC have experience on both sides of probate controversies.
Contact an established South Carolina probate litigation firm
Probate conflicts can be damaging if they are not managed by experienced and knowledgeable legal counsel. Hamilton Martens, LLC provides capable representation for beneficiaries and fiduciaries throughout South Carolina. Call 803-329-7672 or contact us online to schedule a free consultation at our Rock Hill office.