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.
Explore the different ways a will can be contested.
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.
A power of attorney often grants broad authority to another party (called an agent) to make decisions on a person’s behalf.
The rights of beneficiaries are jealously protected by the law of North Carolina. These protections are given to the beneficiaries of estates and trusts.
Sometimes a will or trust has a provision which is ambiguous and which may be construed by a court.
Get an overview of trusts and an explanation of the meaning of some of the terms that are commonly found in trusts.
Learn about a variety of methods exist to address desired changes to the actual terms or function of an irrevocable trust.
Delve into a general introduction to certain basic concepts of taxation applicable to trusts, grantors and beneficiaries.
Explore who may file a petition and grounds for removal for cause.
Learn more about some of the fundamentals of trust proceedings.
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.
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.
Some proceedings arising out of estates are deemed to be special proceedings rather than
Learn about some situations it may be beneficial for a person to probate their will while they are still alive.
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.
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.
A preliminary question following the death of a loved one is whether a probate estate (of some form) should be opened. Clients are sometimes surprised to learn that the opening of a probate estate is not always necessary or advisable. The decision to open an estate depends on the facts and circumstances existing at the time of the decedent’s death.
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