Probate Estate Administration & Litigation

Probate Estate Administration

Probate is the legal process of distributing the assets of a deceased person's estate. Probate can be a complex and time-consuming process, but it is important to ensure that the deceased person's assets are distributed according to their wishes.

Bromley Law Firm can help you with all aspects of probate estate administration here in Beaufort, Bluffton, Hardeeville, and Hilton Head. We will work with you to gather the necessary assets, to file the necessary paperwork with the court, and to distribute the assets to the beneficiaries according to the deceased person's will.

We understand that the probate process can be stressful for the executor and the beneficiaries. We are here to help you navigate the process and to ensure that the estate is administered efficiently and effectively. Contact Bromley Law Firm to discuss how we can assist with your probate estate administration needs.

Ancillary Estate Administration

Our firm regularly assists parties with ancillary administrations in Beaufort County and Jasper County. Ancillary administration is a legal process that is necessary when a person who owns property in South Carolina dies while domiciled in another state. This means that the decedent had a primary residence outside of South Carolina, but they also owned property or assets within the state.

In order to administer the decedent's estate in South Carolina, it is necessary to open an ancillary administration proceeding. Ancillary administration can be a complex process, but it is important to ensure that it is completed properly. Otherwise, there may be delays in the distribution of the decedent's assets to their heirs and beneficiaries.

If you are faced with transferring a decedent’s property in Beaufort or Jasper County, then do not hesitate to give our firm a call to see how we can assist you with this process in an efficient manner.

Probate and Trust Litigation

Probate litigation is a type of lawsuit that arises during the probate process. The probate process is the legal process of distributing the assets of a deceased person's estate.

Trustee litigation is a type of lawsuit that involves a dispute between a trustee and a beneficiary of a trust. Trustees are fiduciaries, which means that they have a legal duty to act in the best interests of the beneficiaries of the trust.

Examples of some of the probate litigation cases the Firm handles:

• Will Contests: A will challenge is a lawsuit that is filed to contest the validity of a will. Will challenges can be based on a variety of grounds, such as lack of testamentary capacity, undue influence, and fraud
• Disputes Over the Distribution of Assets: Probate litigation can also occur if there is a dispute over the distribution of the assets of the estate. For example, beneficiaries may disagree about the interpretation of the will or about the value of the assets
• Breach of Fiduciary Duty: Probate litigation can also occur if the executor of the estate breaches their fiduciary duty. The executor of the estate has a legal duty to act in the best interests of the beneficiaries of the estate. If the executor breaches their fiduciary duty, the beneficiaries may have legal recourse
• Probate Accountings
• Personal Representative Abuse/Fraud
• Removal of Personal Representative

Examples of some of the trust litigation cases the Firm handles:

• Breach of Trust: This occurs when a trustee fails to act in the best interests of the beneficiaries of the trust. For example, a trustee may breach their trust by investing in risky assets, by failing to distribute the income and principal of the trust to the beneficiaries in accordance with the terms of the trust, or by using the trust assets for their own personal benefit
• Undue Influence: This occurs when a trustee uses their position of power to influence a beneficiary to change the terms of the trust or to make a gift to the trustee
• Conflict of Interest: This occurs when a trustee has a personal interest in a transaction involving the trust assets. For example, a trustee may have a conflict of interest if they sell trust assets to a business that they own or if they invest trust assets in a company that they work for

How Our Firm Can Assist Someone in Litigation Related to Probate or Trust

Our firm has much experience in trustee/fiduciary litigation. We can help you to:

• Assess your case and determine whether you have a legal claim against the trustee
• File a lawsuit against the trustee and represent you in court
• Attempt to negotiate a settlement with the trustee on your behalf
• Attempt to obtain a judgment against the trustee and enforce the judgment

We understand that probate and trust litigation can be complex and emotionally charged. We are here to guide you through the process and to give our best effort to achieve the best possible outcome for your case.

If you are considering filing a lawsuit in probate court, please contact our firm today. We would be happy to schedule a consultation to discuss your case and to answer any questions that you may have.