+ Caveats (Will Challenges)
+ Elective Shares
+ Lack of Capacity
+ Undue Influence
+ Challenged Probate
+ Estate Administration
The last thing anyone wants to happen after a death is for children, loved ones, and caregivers become embroiled in a lawsuit, fighting over your estate. The best way to avoid estate litigation is to complete comprehensive estate and financial planning well before your death, and to create the legal protections to enforce your wishes. But even with the best plan, you can’t guarantee that litigation will not occur. Sometimes, family members sometimes discover after a death that an unscupulous individual has taken advantage of their position and the trust of a beloved family member.
If that happens, we can assist you in examining the situation, and can represent the beneficiaries, trustees, and personal representatives in various jurisdictions dealing with estate litigation and probate litigation matters.
In North Carolina, the process of handling wills and adminsitering estates is relatively complex and somewhat archaiac. The Clerk of Court in the home county of the descendant normally handles the probate of a will or the administration of an estate. A caveat is an action filed to contest the validity of a will. Common reasons for filing a caveat or contesting an estate include Lack of Capacity, Undue Influence, Breach of Fiducairy Duty, Elective Share of a Surviving Spouse, Forged Documents, or Lack of Formalities.
In an especially challenging and emotional time, the attorneys at Allen Stahl + Kilbourne can help explain the process and asssit you in protecting your family member's last wishes and the family's property.