A Guide to Wills, Estate, Trust and Guardianship Litigation

To schedule a consultation please contact our litigation team at 919-861-5123 or estatelitigation@youngmoorelaw.com

Introduction

Young Moore and Henderson has an experienced team of lawyers who concentrate their practices in disputes arising out of Wills, Estates, Trusts, and Guardianships.  This guide is not comprehensive, but aims to serve as a detailed introduction to the different aspects of Wills, Estate, Trust and Guardianship Litigation. If you need assistance from one of our team, we encourage you to explore our range of services and reach out.

Table of Contents

  1. I. Will Contests Also Known as Will Caveats

    Explore the different ways a will can be contested.

  2. II. Actions for Accounting in Estates and Trusts

    In North Carolina executors and administrators of estates and trustees of trusts have strict rules governing how they should handle the property that has been entrusted to them.

  3. III. Actions for Abuse of Powers of Attorney

    A power of attorney often grants broad authority to another party (called an agent) to make decisions on a person’s behalf.

  4. IV. Protection of Beneficiary’s Rights

    The rights of beneficiaries are jealously protected by the law of North Carolina. These protections are given to the beneficiaries of estates and trusts.

  5. V. Interpretation of Wills and Trusts

    Sometimes a will or trust has a provision which is ambiguous and which may be construed by a court.

  6. VI. Trusts – A General Discussion

    Get an overview of trusts and an explanation of the meaning of some of the terms that are commonly found in trusts.

  7. VII. Modifying Irrevocable Trusts

    Learn about a variety of methods exist to address desired changes to the actual terms or function of an irrevocable trust.

  8. VIII. Basic Taxation of Trusts, Grantors and Beneficiaries

    Delve into a general introduction to certain basic concepts of taxation applicable to trusts, grantors and beneficiaries.

  9. IX. Removal of Trustees

    Explore who may file a petition and grounds for removal for cause.

  10. X. Litigation of Trust Issues Before the Clerk of Court

    Learn more about some of the fundamentals of trust proceedings.

  11. XI. Accounts With Right of Survivorship and Pay on Death Accounts

    The availability of joint ownership, survivorship and payable on death features with bank accounts oftentimes leads to unintended circumstances, and thus significant litigation, regarding the disposition of a decedent’s assets.

  12. XII. Litigation of Estate Disputes Before the Clerk of Court

    Most disputes arising out of estates are brought before the Clerk of Superior Court. Explore the actions to remove executors or administrators, actions to compel estate accountings as well as other actions arising.

  13. XIII. Special Proceedings Arising out of Estates

    Some proceedings arising out of estates are deemed to be special proceedings rather than
    estates proceedings.

  14. XIV. Living Probate

    Learn about some situations it may be beneficial for a person to probate their will while they are still alive.

  15. XV. Partition of Real and Personal Property

    In many cases real or personal property is inherited by the heirs of an estate as tenants in common. In some of these case the heirs cannot agree on what should be done with the jointly held property.

  16. XVI. Guardianship

    One of the most difficult decisions a family has to make is whether to file an action to appoint a guardian to take care of a loved one.

Electronic mail or other oral or written communication to Young Moore and Henderson P.A. in connection with a matter for which we do not already represent you may not be treated as privileged or confidential. Communications are not privileged until the client and lawyer have agreed on legal representation. Please do not send confidential information to us via e-mail or in any other manner without first communicating directly with us about the attorney-client relationship. The transmission of an e-mail request for information does not create an attorney-client relationship. Your initial email should only contain a list of the parties interested in the matter so that we can make sure we have no conflicts before you convey any information about your case.

Accept Decline