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Frost Law GroupSummerville, SC(843) 419-6653
Probate · Summerville, SC

Executor and Beneficiary Disputes in Summerville, SC Probate Court

When the person running the estate is not doing the job—or is accused of it—the probate court decides. We represent both sides.

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Who handles executor disputes in Summerville, SC probate court?

Frost Law Group represents beneficiaries who believe an estate is being mishandled and personal representatives who are accused of it, in the Dorchester, Berkeley and Charleston County probate courts. Tara L. Frost served as a Dorchester County Associate Probate Judge and knows how these hearings are decided.

Disputes we see most often

  • No information. The personal representative will not share the inventory, the accounting or the will. Beneficiaries have a right to reasonable information and can petition the court to compel it.
  • Delay. The estate has been open for years with no accounting and no distribution.
  • Self-dealing. The personal representative bought the house cheaply, sold the truck to a cousin, or paid themselves fees nobody agreed to.
  • Missing assets. Accounts emptied before or after death, often under a power of attorney that should have ended at death.
  • Unequal treatment. One sibling's loan forgiven, another's counted; the house given to the child who lived in it.
  • A questionable will. If the dispute is really about whether the will is valid, see will contests.

What the probate court can do

Order an accounting; surcharge the personal representative for losses; remove and replace them; void improper sales; require a bond; award attorney's fees against a fiduciary who acted in bad faith; and, where property is being dissipated, act quickly on a motion. Most disputes settle once a judge orders the numbers onto the table.

If you are the personal representative

Being accused is not the same as being wrong. Beneficiaries frequently misunderstand why an estate stays open for eight months, why real estate cannot be given away before debts are paid, or why a commission is allowed. Good records and a prompt, complete accounting end most complaints. We help personal representatives prepare the accounting and respond to a petition without escalating the family fight.

Timing

Objections to an accounting or a proposed distribution must be raised before the court approves them; once an estate is closed, reopening it is harder and sometimes impossible. If you have received a notice of a proposed settlement, call before the date on it.

Estate not being handled right?

Bring what you have—notices, the will, bank statements. We will tell you whether the court can help and what it will cost to find out.

Schedule a consultation(843) 419-6653

Questions people ask

Can a beneficiary demand an accounting in South Carolina?

Yes. Beneficiaries can request information informally and petition the probate court to compel a formal accounting if it is refused.

How do I remove an executor in South Carolina?

File a petition for removal in the probate court stating the grounds—mismanagement, conflict of interest, failure to account or failure to act—and the court holds a hearing.

Does the estate pay my attorney's fees?

Sometimes. The court can award fees from the estate when the action benefited the estate, and against a fiduciary who acted in bad faith. Ask us to assess your case.

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