Probate and Real Estate Litigation

Probate and Real Estate Litigation

The attorneys at David Blackwell Law have years of experience in probate and real estate matters.

Probate Litigation

Probate litigation covers estates, wills, guardianship, and conservatorship.

  • Will Contests – There are times when it is questionable whether someone lacked the mental capacity to make a will, or maybe someone signed the will in place of the person who passed away or simply just tricked them. Elderly people are more vulnerable to wrongful influence because they rely on others for help. Most people can sense if something seems amiss, but are afraid of taking action for some reason. We understand your options under South Carolina law and can advise you about possible steps to take.
  • Guardianship – When someone is unable to care for themselves, it may be necessary to appoint someone to act on his or her behalf. It may be that the person is mentally unable to make decisions or simply that this person cannot get around well enough to provide competent care for themselves. A guardian has complete authority to make personal and health care decisions for an incapacitated person. Guardianship is a very hard decision to make. At David Blackwell Law, we can walk you through the steps and expectations of guardianship cases.
  • Conservatorship – A conservator is appointed for an incapacitated adult to make financial decisions for that person. All matters involving the money of an adult unable to make financial decisions are handled by the conservator. This includes paying bills, banking, and filing taxes.

Real Estate: Quiet Title and Partition Actions

In certain real estate transactions, property ownership is unclear, uncertain, or so fragmented it may require a legal action to clear the ownership interests and allow for the property to be divided. These actions are called quiet title and partition actions and are many times filed within one lawsuit.

A quiet title action simply seeks to determine who the true owners of the property happen to be. In South Carolina, ‘Heirs Property’ is property which is left by a person who dies intestate. Over time, others die and the ownership interests in the property becomes a mess. This type of legal action may be needed to clear it up.

A partition action simply allows someone who no longer desires to own property with another person or persons to legally force the property to be divided. This may be done by separating the property into two or more parcels or by actually selling the property and dividing the money according to each person’s ownership interest.

Schedule a Confidential Consultation

Attorney David Blackwell has successfully helped many families with all types of probate and real estate litigation. To schedule a confidential consultation, call us at 803-285-0225.

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Do you need an experienced and professional attorney who will stand up for your rights? To learn more about how David Blackwell Law can assist you, please send us your contact information. We look forward to talking with you.