Trusted Personal Representative Defense in North Carolina
It is not unheard of that personal representatives (Executors and Administrators) are wrongly suspected or accused of one or more of the nefarious acts described above. Our practice extends to their defense in any type of fiduciary litigation.
We defend Personal Representatives who are facing:
Asset recovery (also known as “clawback”)
These include situations where the Estate lacks the probate assets to pay its creditors. The most typical, although not the exclusive, clawback situation is the sale of a Decedent’s real property. Ordinarily, such actions are undertaken by the attorney assisting with the administration of the Estate. When we get involved, it is likely the case that there is some point of contention in the clawback that makes it unusual, or when the Personal Representative does not have an Estate Administration attorney assisting them.
Debtor recovery actions
We can bring suit to recover debts owing to the Estate where the potential recovery merits the pursuit of it.
Disputed creditor claims
There are two primary categories where we can assist the Personal Representative:
- When a creditor claim has been denied and the creditor thereafter sues the Estate.
- When a Personal representative and a creditor enter an agreement to have a Referee appointed to, in essence, arbitrate a claim, we can and have served as Referees.
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.