principled, effective, and proven representation.

We have extensive experience litigating matters involving the abuse of authority in the use of a power of attorney, seeking to attack and set aside a will or trust that was executed by a person operating under duress or with diminished capacity, and errors of attorneys.

These are highly personal matters.

Raw emotions and hurt feelings can dominate over financial or technical issues. Among the most hotly contested issues at law are disputes involving the distribution of the estate of a deceased family member through trusts and wills.

Estate Litigation Guide for South Carolina Residents

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Estate Litigation

The passing of wealth from one generation to the next often results in an unexpected and unpleasant surprise when the beneficiary of a decedent learns for the first time after the death of their loved one that their legacy is not what they expected.

Diminished Mental Capacity

While the beneficiary may have simply misunderstood or misapprehended the intentions of the testator, at times there is unfortunately far more to the story.

Perhaps the testator was overreached or unduly influenced to change a will or trust at a time when they had diminished mental capacity due to mental or emotional illness, dementia, Alzheimer’s, chemical or alcohol dependency or other medical issues. From time to time, undue influence is exerted on a vulnerable person to execute a will, trust or a deed transferring property that does not reflect their true desires.

Abuse of Power

These types of offenses often occur where a family member has obtained power through coercion, duress, or deceit and used it in breach of their fiduciary duties to divest someone of their assets.

Oftentimes there are claims that can be asserted against the Trustee, Attorney in Fact or Personal Representative for these actions. Further, professionals such as attorneys and accountants may also have legal exposure because of what has occurred.

Bland Richter, LLP has extensive experience in litigating matters involving the abuse of authority in the use of a power of attorney and in seeking to attack and set aside a will or trust that was executed by a person operating under duress or with diminished capacity.

We also have extensive experience in litigating claims involving errors of attorneys, which result from the incorrect drafting or preparation of a testamentary instrument which defeats or diminishes the client’s true intent.

Our Practice Areas

Bland Richter’s practice areas include a concentration in legal and professional malpractice. In addition, our Firm prosecutes other forms of professional malpractice, including accounting malpractice, and frequently litigates complex commercial, transactional and business disputes.