Our Expertise
Disputes among family members regarding the validity or interpretation of wills or the administration of estates and trusts can be complicated. When a will or trust is changed, the heirs’ and beneficiaries’ expectations may not be met. Challenges and disputes frequently arise when those changes were made under circumstances indicating impaired mental capacity perhaps due to dementia or other mental illness. Similarly, allegations of undue influence are triggered when a will or trust is changed after entering into a new marriage or relationship. Another common source of tension arises when the expectations of beneficiaries or heirs do not match the distributions from estate administrators and trustees. These disappointments give rise to allegations of mismanagement, theft, and favoritism.
Some of the reasons our attorneys can assist you in contesting a will include;
- Undue Influence which means persuasion was used to compel the decedent to make a change to their estate plan.
- The decedent had lacked the requisite mental capacity to create a will.
- Fraud or deceit was used to have the decedent change the will.
- Forgery of a signature on a will.
- The decedent had not followed the proper procedures when executing their will.
- The decedent revoked their will by executing a new will,
Manning Fulton’s team of estate attorneys is uniquely qualified to tackle estate and trust disputes. We have assembled a team of experienced litigators, tax attorneys who are also certified public accountants, estate planning lawyers, and estate administration professionals. Our broad experience representing heirs, testators, trustees, and beneficiaries give us the ability to understand the issues from all sides. Since it is inherently true that disputes in this arena involve a defined amount of money either held in an estate or in a trust, clients simply cannot afford and should not tolerate a “learning curve” for their counsel. Similarly, missteps and delays not only waste money but also further alienate or exacerbate any strained relationships.
Understanding the tax implications of potential solutions to estate disputes is also critical to helping our clients make well-informed decisions. We have one of the largest trust and estate administration practices in North Carolina and our team includes two Fellows of the American College of Trust and Estate Counsel, a Fellow of the American College of Tax Counsel, and three Board Certified Specialists in Estate Planning and Probate Law. We have practiced extensively before the Internal Revenue Service, the North Carolina Department of Revenue and the United States Tax Court.
We are committed to putting our years of experience and depth of knowledge to work for a favorable resolution of our clients’ will caveats and estate tax controversies.
