Practice Area
Estate and Trust Litigation
Will caveats, trust disputes, fiduciary and accounting disputes, breach-of-trust claims, and the removal of executors and trustees in North Carolina courts.
Most estates and trusts settle without a fight. Some do not. When a will is questioned, a trustee mismanages assets, or beneficiaries cannot agree, the dispute moves from the Clerk’s routine docket into contested litigation. Few firms in far western North Carolina handle this work — the firm does, and handles it personally.
Will caveats — contesting a will
A will caveat is the formal challenge to a will’s validity, filed under Chapter 31 of the North Carolina General Statutes and tried before a jury in Superior Court. Grounds include lack of testamentary capacity, undue influence, fraud, improper execution, or a later will. Caveats carry strict deadlines, so an early call matters. The firm represents both caveators challenging a will and propounders defending one.
Trust disputes
North Carolina trusts are governed by the Uniform Trust Code, Chapter 36C. Disputes the firm handles include:
- Breach of trust — a trustee who self-deals, favors one beneficiary, makes imprudent investments, or fails to account.
- Trustee removal and replacement — petitions to remove a trustee for serious breach, incapacity, or persistent failure to administer the trust.
- Contested accountings — demanding, examining, and objecting to a trustee’s accounting of trust assets.
- Trust construction and reformation — proceedings to interpret ambiguous terms or correct a trust to reflect the settlor’s intent.
- Trust modification and termination — actions to modify or wind up a trust when circumstances have changed.
Fiduciary and estate litigation
The firm also handles disputes inside an open estate — objections to an executor’s or administrator’s accounting, removal of a personal representative, claims for breach of fiduciary duty, disputes over the year’s allowance, and actions to recover estate property. Where an estate or trust holds real estate, the firm’s title and real-estate experience carries directly into the litigation.
Practical and direct
Estate and trust litigation is hard on families. The firm’s aim is a resolution protecting your interest and, where possible, ends the dispute without a trial — but the firm is prepared to try the case when settlement is not on reasonable terms.
Common Questions
How do I contest a will in North Carolina?
A will challenge is called a caveat, filed under Chapter 31 of the General Statutes and tried before a jury in Superior Court. Common grounds include lack of testamentary capacity, undue influence, fraud, and improper execution. Deadlines apply, so act promptly.
Can a trustee be removed?
Yes. Under the North Carolina Uniform Trust Code, a court may remove a trustee for serious breach of trust, incapacity, or persistent failure to administer the trust, and may order a full accounting.
What counts as a breach of trust?
A breach occurs when a trustee self-deals, favors one beneficiary, invests imprudently, or fails to account. Beneficiaries can seek to recover losses and, where warranted, removal of the trustee.
How quickly should I act in an estate or trust dispute?
Promptly. Caveats and many fiduciary claims carry deadlines, and evidence and witness memory fade over time, so an early consultation protects your options.