Blogs

A recent decision by the U.S. Supreme Court in Morgan v. Sundance Inc., 596 U.S. 411 (2022), addressed the issue of the enforceability of arbitration agreements in contracts and the ability of the federal courts to create arbitration-specific waiver rules. Before Morgan, the US Circuit Courts of Appeals had not reached a consensus over the …

What happens when the personal representative of a will acts in their own interests rather than the best interests of the deceased? Similarly, what if a corporate officer engages in self-dealing rather than acting in the best interests of the corporation? Both are examples of a breach of fiduciary duty. In South Carolina, there are …

Most people assume that a last will and testament, or at least a document purporting to be one, is the final say in what happens to a person’s estate. But there are ways to challenge wills in South Carolina, provided that certain criteria are met. This article outlines the grounds for contesting and challenging wills …

Children often want to ensure that their parents’ estates will be properly administered after their deaths. Parents, in turn, naturally desire that their children should take over their personal affairs after they pass away. The personal representative is the individual responsible for taking care of a person’s estate, and there are several different ways to …

One power that trustees have is to make investments of trust assets. Although trustees are granted a certain degree of authority in their investment decisions, that authority is not absolute. It is governed by both the terms of the trust and state law. Investing is an area that often engenders mistrust between beneficiaries and trustees, …