North Carolina Beneficiary Change Litigation
Consider this a “Caveat” in the context of the change to a real estate deed or other non-probate asset beneficiary designation. It is not at all uncommon for these challenges to be offshoots of what initially was a Caveat. In some situations, the person who induced the change [hyperlink to Undue Influence page], if savvy enough, also induced changes to the Decedent’s larger beneficiary-designated assets.
North Carolina Beneficiary Representation
It would probably be more accurate to call this “Interested Party Representation.” In the context of a Decedent without a Will, the “heirs” include family members. Who this family members include depend on whether the Decedent died married, with children, whether the children are legitimate or legitimated or adopted, or who is to take if there is no surviving spouse of children. These people are at times referred to as the “natural objects of one’s bounty” by lawyers. In the context of a Decedent with a Will, there are no “heirs”, there are only legatees or devisees (or beneficiaries to normal humans). In the context of “Interested Party Representation”, heirs, legatees, and devisees are included.
We represent interested parties who are:
Monitoring the progress of an estate’s administration to protect their interests;
Seeking account asset information
Challenging Wills (or Codicils)
Challenging suspect beneficiary designation for non-probate assets
Seeking the removal of a personal representative in cases of conflict of interest or breach of fiduciary duties
Forcing the Personal Representative to pursue a claim on behalf of the Estate. These disputes typically arise when the Personal Representative is the person against whom the claim is being asserted (e.g., the Personal Representative was the Decedent’s agent under Power of Attorney while the Decedent was alive, and they breached their fiduciary duties causing the Decedent (now the Estate) financial harm. These actions can lead to litigation against the Personal Representative.
The Fiduciary Litigation Group Approach: Strategy and Mediation
We recognize that the best outcome in trust litigation is often one that preserves family relationships.
As part of our strategic advocacy, we frequently utilize mediation to reach creative settlements that avoid the public nature of a trial. However, we built our reputation on being uncompromising in the face of injustice. If the other side refuses to act reasonably, our deep experience in North Carolina courts becomes your greatest asset.