Probate Litigation

Our North Carolina estate and elder law attorneys are committed to honoring the life, work and charity of every individual.

North Carolina Probate Litigation Attorneys

Are you an estate executor, administrator, beneficiary, or heir? At Brady Cobin Law Group in Raleigh, NC, our law firm assists clients with every aspect of probate litigation, including wills, trusts, estate administration, and breach of fiduciary duty claims. 

As a boutique law firm focusing on elder law and estate issues, we have over 35 years of experience handling probate litigation matters. If an estate dispute or will contest is disrupting the smooth settlement of an estate, we can provide you with the legal advice and representation you need.

What Is Probate Litigation?

Probate litigation includes the legal proceedings surrounding the distribution of a deceased person’s estate. Various issues can arise during the estate administration in which interested parties might raise disputes or make specific claims to remedy a perceived wrong. 

As trial lawyers, we can help you navigate the litigation process in court and provide you with legal advice.

Will Contests Under North Carolina Law

Various grounds exist for contesting a will. A typical example is when the person who wrote the will made changes to it before their death in a way that might suggest an heir’s undue influence. Other grounds for contesting a will include mistakes, fraud, or capacity issues. 

At Brady Cobin Law Group, we can help you gather evidence and challenge a will’s validity through a caveat proceeding or, on the other hand, to disprove a challenge to a will’s validity.

Financial Accounts

In many cases, beneficiary designations require bank accounts, individual retirement accounts (IRAs), and investment accounts to be distributed separately from decedents’ estate plans. In other words, these assets would transfer directly to a specific named beneficiary or beneficiaries distinct from the terms of the decedent’s will. 

However, you might have the legal right to challenge and overturn the beneficiary designation if the decedent did not have the mental capacity to change a beneficiary designation or if someone unduly influenced the decedent to retitle an account.

The Division of Personal Property in North Carolina

The terms of a will can explain how property division should occur between family members. However, if the executor or administrator of the estate does not divide the property according to these instructions, family members might be able to enforce these terms through probate litigation.

Power of Attorney Misuse

A power of attorney is a document designating an agent to make medical or financial decisions on behalf of a person unable to do so themselves. Unfortunately, some people misuse powers of attorney to benefit themselves to the principal’s detriment. 

Do you suspect that a family member’s agent is or was not acting in good faith? Contact us to learn about the available litigation options.

Breach of Fiduciary Duty

Probate litigation provides a legal tool for removing an executor or trustee who is not fulfilling their fiduciary obligations under a will, trust, or law. The recovery of damages resulting from the breach might also be possible.

Get in Touch with Our North Carolina Probate Litigation Lawyers

At Brady-Cobin Law Group in Raleigh, NC, our probate litigation lawyers have an in-depth knowledge of probate law and an excellent track record in estate litigation. Whether you want to pursue redress for the breach of fiduciary duty, remedy undue influence issues, or secure assets in the wrongful possession of someone else, we can help. 

Call us today at (919) 782-3500 to schedule an initial consultation and start the probate litigation process.

Testimonial

We had an a wonderful experience with Andrew and Elizabeth! We had wills from out of state that needed to be updated in order to be compliant with NC law. We chose Brady Cobin Law firm due to Andrew’s affiliation with the military.

Compared to our experience in NJ, Andrew provide a lot more explanation to all of the documents, answered all questions, and truly understand our ultimate goal.

I was highly impressed with all of the documents that were created in addition to supplemental documents that would help with estate planning. If completed, it would really help the heirs/executors in the decision making.

Finally, while we were finalizing some of the work related to estate planning, Andrew was very responsive when I had additional questions.

I highly recommend Brady Cobin!!! You can’t go wrong!

Review by: Eric M.
Reviewing: Estate Planning Legal Services
Date published: 10/31/2020
Rating: ★★★★★5 / 5 stars

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Our North Carolina estate planing and elder law attorneys are committed to honoring the life, work and charity of every individual. Call us at (919) 782-3500 or complete the form below.

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