Estate Litigation Lawyer in Charleston
Contested Wills, Trust Disputes & Probate Claims Across South Carolina & Georgia
Estate disputes put families under pressure at an already difficult time. At Seibert Law Firm, we handle contested estate and trust matters for Charleston-area families, working through South Carolina’s probate process with a clear strategy and consistent communication. Attorneys Kevin M. Seibert and Rebecca A. Seibert are admitted to practice in both South Carolina and Georgia, so when a dispute crosses state lines, your case stays with us. We serve clients throughout the Charleston area, including Summerville and Moncks Corner, and confidential consultations are available.
Call (843) 428-6360 to schedule your confidential consultation with our Charleston estate litigation lawyers.
Why Charleston Families Choose Seibert Law Firm for Estate Litigation
Every client deserves focused attention, no matter how complex the estate matter. Our attorneys combine knowledge of local Charleston County Probate Court procedures with transparent communication, so you know where your case stands.
- Dual SC and GA bar admissions: Kevin M. Seibert and Rebecca A. Seibert are admitted in both states, allowing us to handle multi-state estate disputes without referring your matter to outside counsel.
- Tailored strategies: We build a plan around your specific situation and goals, not a generic playbook.
- Accessible representation: Our competitive pricing and flexible payment plans extend quality estate litigation representation to more Charleston-area families. We accept cash, checks, and major credit cards.
- Clear communication: We keep you informed at every stage so you understand your options before any decision is made.
Estate Disputes We Handle in Charleston
Estate litigation covers a wide range of disputes under the South Carolina Probate Code. Below are the matters our estate litigation attorneys handle most frequently for Charleston clients.
Will Contests
We represent parties challenging or defending the validity of a will. Under South Carolina Probate Code Section 62-3-407, contestants bear the burden of establishing recognized grounds for challenge, which include lack of testamentary capacity, undue influence, fraud, duress, mistake, and revocation. South Carolina imposes strict deadlines on will contests that run from both the date of the decedent’s death and the date the will is admitted to probate. Early legal consultation is essential.
Trust Disputes
When beneficiaries and trustees disagree over management decisions, required distributions, or alleged misconduct, we represent both sides of the dispute. Trustees who favor one beneficiary over another, commingle personal and trust assets, or make investment decisions that harm the trust may face a formal challenge or removal petition.
Executor and Trustee Challenges
Personal representatives and trustees owe legal and ethical fiduciary duties to the beneficiaries they serve. We examine whether those duties have been met and, when they haven’t, pursue appropriate relief through negotiation or Charleston County Probate Court proceedings.
Inheritance Rights and Creditor Claims
We address disputes involving omitted heirs, unclear drafting, intestate succession questions, and debts owed by the estate. When a person dies without a valid will in South Carolina, state law assigns shares of the estate to certain beneficiaries, but disputes can arise over asset valuation or how specific property is divided.
Powers of Attorney Disputes
Family members sometimes question whether an agent acted within the scope of their authority or in the principal’s best interest. We represent those raising that challenge and those defending an agent’s decisions.
Conservatorship and Guardianship Matters
Conservatorship and guardianship proceedings become contentious when family members disagree about whether a loved one needs a court-appointed guardian or conservator, and who that person should be. We represent interested parties in those proceedings before the probate court.
Multi-State Estate Disputes Involving South Carolina & Georgia
When an estate dispute involves beneficiaries, assets, or executors in both South Carolina and Georgia, having attorneys admitted in both states is a practical advantage. Multi-state estates complicate probate administration when property is held in multiple jurisdictions or when family members are spread across state lines. Existing tensions, geographic distance, and competing financial interests can intensify those disputes quickly.
We shape our approach around what the situation requires, whether that means negotiation, mediation, or contested proceedings before the relevant court. Our dual bar admissions mean we can pursue that strategy in either state without the delay and cost a handoff to outside counsel would introduce.
Our Estate Litigation Process in Charleston
Charleston County Probate Court handles estate matters for Charleston County and tries approximately 400 litigated estate cases per year. Understanding local procedures and timelines gives our clients a meaningful advantage. Here is what working with us looks like from start to finish.
- Initial consultation: We meet with you to review the facts, listen to your concerns, and clarify your goals for the dispute.
- Case assessment: We review estate documents, identify the relevant legal and factual issues, and outline the available paths forward.
- Negotiation or mediation: We pursue resolution outside of court first to limit expenses and reduce family conflict, while remaining fully prepared for litigation if that’s what the situation requires.
- Court proceedings: If the matter can’t be resolved through negotiation, we represent your interests before Charleston County Probate Court. Probate matters in South Carolina are generally conducted without a jury, though parties may request one under state law.
- Ongoing support: We provide regular updates, answer your questions as they arise, and work through practical solutions within local court rules and timelines.
South Carolina imposes strict deadlines on estate challenges. Will contest deadlines run from both the date of the decedent’s death and the date the will is admitted to probate, and which window applies depends on the specifics of each case. If you believe you have a claim, speaking with a Charleston estate litigation lawyer as soon as possible can help protect your ability to act.
Frequently Asked Questions
What Types of Disputes Can Lead to Estate Litigation?
Common triggers include challenges to the validity of wills or trusts, disagreements among beneficiaries over distributions, questions about an executor or trustee’s conduct, powers of attorney disputes, and intestate succession conflicts. Each situation is governed by its own procedures under South Carolina law and the specific estate documents involved.
How Long Does Estate Litigation Usually Take in Charleston?
Timelines vary based on estate complexity and whether the parties can reach agreement outside of court. Some matters resolve through negotiation in a matter of months. Others require extended court involvement and evidence review. We give clients a realistic sense of the timeline during the initial consultation.
Can a Will or Trust Be Contested After Probate Begins?
Yes. South Carolina’s time limits run from both the date of the testator’s death and the date the will is admitted to probate. Contacting an estate litigation attorney promptly can help protect your right to assert a claim before those deadlines pass.
What Role Does Charleston County Probate Court Play in Estate Disputes?
Charleston County Probate Court is the court of jurisdiction for estate litigation matters in Charleston County. The court reviews evidence, hears arguments from all parties, and issues legally binding decisions on disputed matters. Probate judges handle these cases without a jury unless a jury trial is properly requested under South Carolina law.
Is There a Deadline to Contest a Will in South Carolina?
Yes. South Carolina imposes strict deadlines on will contests that run from both the date of the decedent’s death and the date the will is admitted to probate. How that deadline applies to your situation is something you should discuss with an attorney as early as possible.
Speak with a Charleston Estate Litigation Attorney
Contested estate matters involve unfamiliar legal procedures, strict deadlines, and family relationships already under strain. When you reach out to Seibert Law Firm, you work with an estate litigation lawyer who can give your matter personal attention and build a strategy around your specific goals. Our competitive pricing and flexible payment options mean quality representation is within reach for families who aren’t high-net-worth litigation clients.
Call (843) 428-6360 to schedule your confidential consultation with our Charleston estate litigation attorneys.