South Carolina Trust
and Estate Law Blog

The first installment of Greenville Estate Attorney A through Z is ADMINISTRATION, as in estate administration.

Estate administration is a multi-step process wherein a representative of a Decedent’s estate is appointed by the Probate Court, estate assets are collected, debts and expenses paid, necessary tax returns filed, and distributions to the proper estate beneficiaries made.

Estate administration in South Carolina is typically a nine month process, from the date of the appointment of the Personal Representative to the filing of the final accounting with the Probate Court. In contested matters, it can take much longer. There are also multiple variations of estate administration, depending on whether there is a Last Will and Testament or not, and depending on whether there is a contest, and depending on the size of the estate.

There are different types of proceedings that can arise from estate administration. For example, a surviving spouse may initiate proceedings to claim an elective share against the estate.  Arguing beneficiaries may initiate proceedings to construe a Last Will and Testament, because they cannot agree on the meaning of a certain term or phrase. A beneficiary may initiate proceedings to remove the current representative of the estate. A creditor may initiate proceedings to be paid by the estate.

Estate administration can be as varied as the lives of each Decedent. It truly can be stated that no two estate administrations are exactly alike.

Like any decent lawyer, I need to add a disclaimer here: unfortunately, it is impossible to offer comprehensive legal advice over the internet, no matter how well researched or written. And remember, reviewing this website and my blogs doesn’t make you a client of my Firm: before relying on any information given on this site, please contact a legal professional to discuss your particular situation.

One question that can come up when administering an estate is whether a caregiver can be entitled to be compensated from an estate for services rendered to the Decedent before death. Often what happens is a family member or significant other serves as a caregiver believing that he or she will be compensated via a bequest from the Decedent’s estate. After the Decedent passes away, the caregiver discovers that there was in fact no bequest made to them.  In that case, is there a right to recover for caregiving services from the estate?

Yes, there is such a right, but it is pretty narrowly drawn. The Courts of South Carolina have dealt with this issue.  The right to recover is through a contract right called quantum meruit, or unjust enrichment. The South Carolina Supreme Court defined this right generally in Myrtle Beach Hospital, Inc. v. City of Mrytle Beach, when it said that quantum meruit requires “1) a benefit conferred by the plaintiff upon the defendant; 2) the realization of that benefit by the defendant; and 3) retention of the benefit by the defendant under circumstances that make it inequitable for him to retain it without paying its value.” 341 S.C. 1, 8-9 (2000).

This seems pretty encouraging for our hypothetical caregiver. But not so fast. The Supreme Court further required in Sauner v. Public Service Authority of South Carolina, that the services must be given non-gratuitously. 354 S.C. 397, 409 (2003). Now here is the problem for our caregiver. Most of the time a caregiver provides care because of some familial blood relation or love and affection.  Thus, the caregiver acts gratuitously, not expecting any compensation for their work.

This was the case in Church v. McGee, et al, where the Court of Appeals recently held that a caregiver could not receive compensation from an estate because the caregiver’s own testimony supported the finding that the caregiver did not expect compensation for the services.

It is likely the Circuit Court would have held differently had there been a written contract in place between the caregiver and the Decedent regarding monetary compensation to be paid from the estate.  This raises an interesting question as well. Can you agree via contract to make a bequest to a certain person? Is such a contract enforceable? Stay tuned for a future post……..        

Like any decent lawyer, I need to add a disclaimer here: unfortunately, it is impossible to offer comprehensive legal advice over the internet, no matter how well researched or written. And remember, reviewing this website and my blogs doesn’t make you a client of my Firm: before relying on any information given on this site, please contact a legal professional to discuss your particular situation.