Winston-Salem Estate Dispute Attorneys
Estate Litigation
Winston-Salem Estate Dispute Attorneys
Estate Litigation
Protecting Your Rights
in Estate Disputes
Estate disputes can be emotionally and financially draining. Our experienced Winston-Salem Estate Planning Attorneys provide comprehensive estate litigation services to protect your rights and achieve fair resolutions. Whether you are defending a will, disputing a trust, or facing a fiduciary conflict, we are here to advocate for you.
Why Choose
Bennett Guthrie?
Experienced
Litigators
Our team of skilled attorneys has extensive experience in estate litigation, providing you with expert legal representation.
Personalized
Approach
We understand that every case is unique. We offer personalized strategies tailored to your specific situation and goals.
Aggressive
Advocacy
We vigorously defend your rights and interests, ensuring that you receive the best possible outcome.
Our Estate Litigation Services
Will Contests
Challenge the validity of a will based on various grounds to ensure a fair distribution of assets.
- Undue Influence: Prove that the will was created under undue influence by another party.
- Lack of Capacity: Demonstrate that the testator lacked the mental capacity to make a valid will.
- Fraud or Forgery: Present evidence that the will was created fraudulently or forged.
- Improper Execution: Show that the will does not meet the legal requirements for execution.
Trust Disputes
Resolve conflicts related to the administration and terms of trusts to protect your interests.
- Breach of Fiduciary Duty: Hold trustees accountable for mismanagement or misconduct.
- Trust Interpretation: Clarify ambiguous or disputed terms of the trust.
- Modification or Termination: Seek changes to the trust’s terms or its termination under specific circumstances.
- Beneficiary Rights: Enforce the rights of beneficiaries to ensure fair treatment and proper distribution.
Fiduciary Litigation
Address conflicts involving executors, administrators, trustees, and other fiduciaries.
- Executor Misconduct: Challenge the actions of executors or administrators who are not fulfilling their duties properly.
- Trustee Mismanagement: Address issues of mismanagement or breach of fiduciary duty by trustees.
- Accounting Disputes: Resolve disputes related to the accounting and management of estate or trust assets.
- Removal of Fiduciaries: Seek the removal of fiduciaries who are not acting in the best interests of the beneficiaries.
Guardianship Disputes
Resolve conflicts related to the appointment and actions of guardians for minors or incapacitated adults.
- Guardianship Appointment: Contest or support the appointment of a guardian.
- Guardian Misconduct: Address issues of misconduct or negligence by guardians.
- Modification of Guardianship: Seek changes to the terms or scope of a guardianship arrangement.
- Guardianship Termination: Request the termination of a guardianship when it is no longer necessary or appropriate.
How it Works
Our team of Winston-Salem Estate Planning Attorneys has a proven plan to help you address your specific situation and unique challenges.
- Free Consultation
Schedule a free initial consultation to discuss your case and explore your legal options.
- Case Evaluation
We conduct a thorough evaluation of your case, including reviewing relevant documents and gathering evidence.
- Strategic Planning
Develop a tailored legal strategy to address your specific needs and objectives.
- Aggressive Representation
Advocate for your rights and interests in negotiations, mediations, and court proceedings.
- Resolution
Work towards achieving a fair and favorable resolution to your estate dispute.
Frequently Asked Questions about Estate Litigation
Common grounds for contesting a will include undue influence, lack of capacity, fraud, forgery, and improper execution. Our attorneys can help you determine if you have a valid case for contesting a will.