• Trust Litigation

Trusts are common vehicles that estate planning attorneys use to achieve a client’s goals, such as avoiding probate (estate administration), privacy, caring for a disabled/minor child or other beneficiary, protecting assets, etc. However, disputes over the administration, purpose, and appropriateness of the Trust are not uncommon. At the Law Office of Jerry Reardon, we represent beneficiaries and Trustees with asserting or defending claims. The more common litigated issues are:

  • Actions Against Trustees

If you believe a Trustee is not properly administering a Trust, an action against a Trustee may be appropriate to hold the Trustee accountable and/or to remove the Trustee. Trustees have a number of duties that are addressed in the actual Trust document and provided by the South Carolina Trust Code. Whether the Trustee is an individual or a corporation, we can assert and protect your rights as a beneficiary if you believe the Trustee has breached a duty owed to you. We also represent Trustees in defending actions or in asserting actions the Trust may have against third parties.

  • Trust Termination/Modification

Due to a change in circumstances or a number of other reasons, it may be appropriate to consider terminating or modifying a Trust. These can be complicated actions depending on the type of Trust and the terms of the Trust, and may require an action for Court approval.

  • Power of Attorney Litigation

Power of Attorney documents are important documents that allow a person (referred to as the “principal”) to nominate and give direction to an agent regarding healthcare and financial decision-making. However, disputes often arise between family members and other interested parties regarding decisions the agent makes or fails to make.

  • Validity of Documents

Similar to executing a Will, there are certain requirements that must be met regarding the principal’s capacity and the execution of the power of attorney document. If you believe a family member was coerced or tricked into signing a power of attorney document, contact us to see if we can help with challenging and revoking the document.