Will Contests and Inheritance Disputes
Probate litigation is a minefield because it often pits one family member against another. You need an experienced attorney who can advance your interests while treading lightly. Craig Wilkerson has a knack for resolving sticky inheritance disputes without triggering a divisive and expensive courtroom battle.
The Law Office of F. Craig Wilkerson, Jr. in Rock Hill, South Carolina, represents beneficiaries, excluded heirs or representatives of the estate in probate litigation and dispute resolution in York County and statewide. Contact us today for assertive, solution-oriented representation. We also represent out-of-state clients with a stake in estate litigation in South Carolina.
Contested Wills
One or more heirs may challenge the validity of a will, especially a recently revised last testament or codicil. Probate lawyer Craig Wilkerson represents the wife, children or beneficiaries who want the will validated, or family members who suspect foul play because their expected inheritance was cut off or reduced.
We have challenged and defended wills and disbursement based on a variety of issues:
- Lack of testamentary capacity (dementia or mental illness)
- Undue influence by a family member or friend who convinced an elderly person to alter a will
- Improper execution (not witnessed or notarized)
- Fraud, forgery or misappropriation of assets
- Spousal elective share
Mr. Wilkerson takes depositions of doctors or others who can provide evidence of the testator's mental health at the time the most recent will was signed, and examines whether the will differs abruptly or aligns substantially with prior versions.
Intestacy Disputes
If the person died without a will, South Carolina law is clear about who inherits, even if a large portion of the estate goes to the recently married spouse or estranged son or daughter. Disputes among heirs usually center around value of assets or how to divide them. We can bring in valuation experts to help our clients identify their due share of the estate, or bring suit to partition land or liquidate assets.
Breach of Fiduciary Duty
We also represent heirs or executors in matters involving allegations of impropriety or incompetence in settling the estate: theft of assets, collusion with other heirs, or failure to notify heirs or disburse assets. Litigation may seek to reclaim assets or replace the representative.
Probate litigation can be drawn-out and expensive, and it often creates lasting feuds. Craig Wilkerson makes it his business to assess the likely outcome of a trial and negotiate an according resolution. Call him at 866-902-8257 to discuss your concerns and find out where you stand.
