Experienced Trust Contest Attorneys Serving Clients in Raleigh, New Bern, Morehead City, and Throughout North Carolina
At Howard Stallings, our North Carolina trust contests lawyers apply the skill, diligence and experience needed to achieve the best results for our clients. We have the legal knowledge and tenacity needed to handle the full range of estate litigation cases, including trust litigation and trust contests. To get immediate assistance with your trust contest case, please contact us today for a fully confidential initial consultation.
The Grounds for Contesting a Trust in North Carolina
Trusts are increasingly becoming an important part of the estate planning process. As explained by AARP, a trust is a legal entity that is established to own assets. In many circumstances, a trust is a more efficient way to pass down property than is a traditional will. Of course, a trust is only fair and effective if it is set up and administered in the proper manner. Disputes can arise over the legal validity of a trust. In addition, beneficiaries or would-be beneficiaries may seek the removal of a trustee under the grounds that they violated North Carolina law. You can contest a trust for a number of different reasons, including:
- Lack of capacity;
- Undue influence by another party;
- Outright fraud or forgeries;
- Ambiguous language;
- The discovery of a more recent will/trust; or
- Breach of fiduciary duty by a trustee.
If you or your loved one is considering contesting a trust, you should speak to a qualified legal professional immediately. Contesting a trust is a complicated, often confusing process. It is crucial that you have a strong and experienced advocate by your side.
How Our North Carolina Trust Litigation Attorneys Can Help
Not everyone is eligible to file a legal claim contesting a trust. Similar to contesting a will, a plaintiff must first prove that they have proper legal standing to challenge the trust. North Carolina law requires a person to have ‘pecuniary interest’ in the trust or they must be able to establish that they would be in a position to inherit property, if the trust did not exist. At Howard Stallings, our North Carolina estate litigation lawyers help clients with all aspects of trust contests. We are prepared to:
- Conduct a comprehensive review of your case;
- Explain your options and answer your questions;
- Help you establish legal standing to bring a trust contest in court;
- Gather and prepare all relevant documents, records, and other evidence; and
- File a strong, persuasive lawsuit to ensure that your rights and interests are protected.
We offer each and every client competent, attentive, and fully personalized legal representation. Trust contests are always time-sensitive matters. Regardless of the specific nature of your case, it is essential that you take immediate action to protect your rights.
Contact Our Attorneys in Raleigh, New Bern, or Morehead City
At Howard Stallings, our North Carolina estate litigation attorneys handle the full range of trust contest cases. If you are preparing to contest a trust, please contact our law firm for a strictly confidential consultation. With law offices in Raleigh, New Bern, and Morehead City, we represent clients in trust litigation throughout North Carolina.