CRIME & COURTS

S.C. Court Schedules Hearing on Upstate Probate Battle

Siblings battle over cremation decision, estate control and circumstances surrounding their mother’s death…

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by JENN WOOD

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A South Carolina judge is being asked to decide whether a former Oconee County deputy accused of wrongdoing related to his mother’s death should remain in control of her estate – while simultaneously defending himself against related civil claims.

The dispute centers on a motion filed by Barbra Colegrove Marcum, who is seeking appointment as special administrator over the estate of her late mother, Pearl Colegrove. Marcum argues her brother, Orville “Dale” Colegrove, has an unavoidable conflict of interest because he currently serves as personal representative of the estate while also being a defendant in litigation involving decisions made before and after their mother’s death.

The hearing represents the latest chapter in an increasingly bitter family and legal battle that has expanded from probate court into civil litigation and allegations reviewed by state investigators.

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THE UNDERLYING LAWSUIT

The request for a special administrator stems from a lawsuit (.pdf) filed by Marcum in March 2025 that accused her brother of breaching his fiduciary duties to their parents, wrongfully authorizing their mother’s cremation, isolating her from family members during the final months of her life and improperly using authority granted under a power of attorney.

According to the complaint, Pearl Colegrove executed a durable power of attorney in 2019 naming her husband, Orville Colegrove, as her attorney-in-fact and naming her son, Dale Colegrove, only as a successor if his father became unable or unwilling to serve. Marcum alleged Dale nonetheless signed cremation authorization paperwork in July 2022 while his father was still alive, competent and serving in that role. She further alleged he knew both parents had prepaid burial plots (.pdf) and intended to be buried rather than cremated.

The lawsuit goes far beyond the cremation dispute, though.

Marcum alleged that after Pearl Colegrove was placed in a nursing facility in September 2022, Dale Colegrove restricted family access to their mother, used his authority under the power of attorney to prevent visits and repeatedly sought additional morphine for her care. The complaint further alleged he obtained a separate morphine prescription (.pdf) shortly before her death and later sold his parents’ home for his own benefit.

The most serious allegations involve Pearl Colegrove’s death itself.

Marcum’s complaint claimed Dale Colegrove administered excessive morphine that contributed to his mother’s death – and is seeking damages under wrongful death and survival action claims. The lawsuit also accused Mountain View Funerals and Cremations of negligently proceeding with the cremation without proper authorization and despite knowing family members were seeking an autopsy.

Colegrove has denied wrongdoing, and no court has found the allegations to be true.

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Barbara Marcum with her mother, Pearl Colegrove (Provided)

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THE SLED INVESTIGATION

The allegations contained in Marcum’s lawsuit eventually drew the attention of state investigators.

Records obtained by FITSNews (.pdf) show the S.C. State Law Enforcement Division (SLED) opened a death investigation related to Pearl Colegrove’s passing in May 2023 at the request of the Oconee County Sheriff’s Office (OCSO) after concerns were raised during the autopsy. According to SLED’s case status report, investigators were informed Pearl Colegrove’s autopsy revealed orbital bruising that was viewed as potentially consistent with smothering.

Over the following months, SLED reviewed autopsy photographs, subpoenaed medical records, interviewed witnesses and consulted with both the Oconee County Coroner’s Office and medical professionals involved in the case.

Investigators also reviewed information related to Pearl Colegrove’s care during the final weeks of her life.

The investigative records revealed that one of the issues examined by SLED involved morphine administered during Pearl Colegrove’s hospice care. According to the agency’s case notes, investigators were advised that Pearl Colegrove had elevated morphine levels reflected in toxicology testing and that those levels appeared inconsistent with portions of the available medical documentation. Investigators also noted concerns regarding the absence of disposal records accounting for remaining morphine and sought additional information from medical providers regarding electrolyte testing and medication administration.

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SLED South Carolina Law Enforcement Department
(FITSNews)

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SLED also reviewed whether injuries observed during the autopsy could have resulted from a fall or normal hospice care.

Investigators documented interviews with hospice personnel who reported that Pearl Colegrove had fallen during the week prior to her death and suffered bruising to her head and face. Later case reviews reflect discussions between investigators, the coroner and consulting medical professionals regarding whether the injuries were more consistent with a fall, hospice-related care or another cause.

The investigation did not produce criminal charges.

A July 2023 case review noted medical professionals involved in the review repeatedly advised investigators that the injuries identified during the autopsy were not necessarily inconsistent with a fall or hospice care. While concerns remained regarding the morphine documentation, investigators noted they were unable to determine how much morphine had actually been administered.

SLED formally closed the investigation on August 28, 2023, citing a lack of evidence.

Still, that inquiry now plays a central role in Marcum’s request for a special administrator. In her March 2026 motion, she cited the SLED investigation, allegations involving morphine administration and the potential for additional civil claims as reasons why she believes the estate should be represented by someone other than Dale Colegrove.

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A BATTLE FOR CONTROL

Before seeking a special administrator in circuit court, Marcum first attempted (.pdf) to gain control of the estate through the probate process.

That effort led to a separate legal battle over who should administer Pearl Colegrove’s estate.

Court records show Marcum filed a formal petition seeking appointment as personal representative. During those proceedings, the matter took an unusual turn when Oconee County Probate judge Danny Singleton recused himself after Marcum’s attorney raised concerns regarding a prior professional relationship with Dale Colegrove dating back more than three decades. In the recusal order (.pdf), the judge acknowledged having worked with Colegrove at a police department for approximately two years and stepped aside to avoid any appearance of impropriety.

The matter was subsequently assigned to Associate Probate judge Griselda Godoy.

Following a March 2026 hearing, Godoy denied Marcum’s petition (.pdf) and ruled that Dale Colegrove should serve as personal representative in accordance with the terms of Pearl Colegrove’s will. The court ordered him to initiate probate proceedings and administer the estate pursuant to the will’s provisions.

The ruling was significant because Pearl Colegrove’s will (.pdf) specifically named her husband, Orville Colegrove, as personal representative and designated Dale Colegrove as successor personal representative if his father was unable or unwilling to serve. Because Orville Colegrove predeceased his wife, the court determined the will’s succession provisions controlled.

The court also denied a separate request by Dale Colegrove seeking attorney’s fees.

Marcum’s current motion (.pdf) for appointment of a special administrator is effectively an effort to carve out a limited exception to that probate ruling. Rather than seeking to replace Dale Colegrove entirely, she argued an independent representative should be appointed solely to evaluate and pursue claims that could place the estate in litigation against its own personal representative.

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Orville and Pearl Colegrove (Provided)

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WHAT HAPPENS NEXT

The hearing scheduled for Thursday (June 4, 2026) before S.C. circuit court judge R. Scott Sprouse is not expected to determine whether any of the allegations against Dale Colegrove are true. Nor will it resolve the broader dispute surrounding Pearl Colegrove’s death, the subsequent cremation of her remains or the claims asserted in Marcum’s lawsuit.

Instead, the court will be asked to decide a narrower — but potentially consequential — question: who should be empowered to act on behalf of the estate while those allegations continue to be litigated?

If the court grants Marcum’s request, a special administrator could be appointed for the limited purpose of evaluating and potentially pursuing claims on behalf of the estate. If the motion is denied, Dale Colegrove would remain in control of those decisions as personal representative while continuing to defend himself against the allegations raised in the pending lawsuit.

Either way, tomorrow’s hearing is unlikely to be the final chapter in this increasingly complex legal battle.

As FITSNews has reviewed court records related to the dispute, additional lawsuits, probate filings and legal proceedings involving Dale Colegrove have emerged. Those matters raise separate questions that fall outside the scope of the current hearing but may provide additional context for readers seeking to understand the broader history of the dispute.

FITSNews will be in court covering tomorrow’s proceedings and will continue examining those records in future reports.

Anyone with information related to this case is encouraged to contact FITSNews research director Jenn Wood at research@fitsnews.com.

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ABOUT THE AUTHOR …

Jenn Wood (Provided)

As a private investigator turned journalist, Jenn Wood brings a unique skill set to FITSNews as its research director. Known for her meticulous sourcing and victim-centered approach, she helps shape the newsroom’s most complex investigative stories while producing the FITSFiles and Cheer Incorporated podcasts. Jenn lives in South Carolina with her family, where her work continues to spotlight truth, accountability, and justice.

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