Estate Litigation

Losing a loved one is emotionally difficult.  During this time, dealing with the complexities of his/her estate can be an overwhelming experience.  The process of probate and estate administration should proceed smoothly and without complications, but only when the intentions of a decedent are clearly stated and legally sound. However, in several circumstances, this process can be delayed and result in conflict and litigation.

Concerns about Authenticity of a Will

The authenticity of a will is one of the most frequently contested matters in estate litigation. If a will cannot be proved genuine and legitimate, questions arise as to the true intent of the decedent. If a will was composed under duress, undue influence, or pressure, the court cannot rely on the document to express the true intentions of the person who has passed on. Since this person can no longer speak for him or herself, the attorneys at Hull & Chandler can work with families in their effort to determine how best to serve the final wishes of the deceased. 

Concerns about Actions of the Executor

Even when there is no question about the authenticity of a will, conflicts may still arise.  It is the responsibility of a will’s executor to submit the proper petition orders to the court, pay taxes owed, resolve debts with creditors, and distribute funds to the beneficiaries. When an executor neglects these duties, abuses his or her position, or fails to follow established North Carolina probate code, Hull & Chandler will represent family members and beneficiaries in litigation to remove the executor.

Concerns about Distributions of Assets

Once the will is entered into probate, many complicated factors can arise. Wills and trusts can be contested for a variety of reasons:
  • The probate and administration process can be disputed when inheritors or other involved parties believe their rights have been denied.
  • A fiduciary or trustee can have his/her performance challenged.
  • Beneficiaries of a will may have disputes with a will’s executor over the title ownership of real property or converted property.
  • Beneficiaries may disagree over the distribution of funds from a bank account, or over the division of personal items belonging to the deceased.
  • A spouse can demand his/her right of election.
Other Concerns

There are serious and complex issues associated with estate litigation. Hull & Chandler can help resolve these disputes in court.  We can assist you in any estate matter including:
  • Will/ Trust Contests
  • Contested Powers of Attorney
  • Spousal Right of Election
  •  Contested Accountings and Actions Involving Breach of Fiduciary Duty
  • Fraudulent Transfers
  • Partition Actions
  • Protection of Beneficiary Rights
  • Will and Trust Construction
  • Trust Reformation
  • Guardianship Proceedings
  • Wrongful Death Recovery Disputes
When pursuing a claim, it is crucial to have expert legal guidance that will protect your inheritance and ensure that you receive what is rightfully yours.  If you suspect that the transfer of the assets of a decedent has been handled improperly or you are in need of legal assistance in an estate matter, contact us today to set up a consultation.