Attorneys in Charlotte, North Carolina

Fiduciary Litigation

No client ever starts the estate planning process with the hope it will end in litigation.

Unfortunately, there are times when a disgruntled family member may believe he or she is entitled to a specific asset or a larger share of an estate. Alternatively, an elderly client may be subjected to undue influence and coerced into changing her estate plan away from natural family members. This is when fiduciary litigation comes in.

Fiduciary litigation can involve a will contest or “caveat”, a modification or termination of a trust, or claims for surcharge or breach of fiduciary duty. Our team has been on both sides of these issues, and our experience helps us understand the challenges that can be presented. We embrace the opportunity to take on these cases, and we work closely with our firm’s litigators to produce the best possible outcome for our clients.

If you have any questions regarding Fiduciary Litigation, contact us here.

Representative Experience

  • Represented a national charity in its efforts to overturn a will procured by a health care worker while the worker was attending an elderly patient. This charity consistently had been the primary beneficiary of the estate plan for more than twenty years before the patient became ill and susceptible to influence.  Fortunately, we were able to resolve the matter favorably before a full jury trial, but only because we were prepared to see the matter to completion.
  • Represented a corporate fiduciary in litigation between the beneficiaries of an estate who disputed the dispositive provisions of the decedent’s will, ensuring that, in serving as personal representative, the client fulfilled all of its fiduciary duties to the respective beneficiaries while also honoring the decedent’s testamentary intent.
  • Represented a beneficiary of a multi-generation trust in which the older generation was spending assets at a rate that would deplete the trust in a short period of time. We were able to modify and divide the trust to protect the interest of our client.

Group Members