Estate and Inheritance Disputes
Estate and probate litigation involves disputes that arise after someone dies, while the estate is being administered. Trust litigation also involves disputes that arise after someone dies, while the trust is being administered. However, trust litigation can also ensue while the grantor is still alive. Regardless, the types of issues commonly seen in this area of the law include challenges to wills (will caveats), disputes regarding heirship or the right to inherit, illegitimate children’s rights to inherit from their father’s estates, blended families and step-family members’ rights when someone dies, late in life marriages and inheritance disputes, interpretations of wills or other estate planning documents, the mismanagement of estate/trust funds or estate/trust property, and the refusal of entities to honor powers of attorney.
When a person is placed in a position of trust and authority, such as an agent pursuant to a power of attorney, or an executor of an estate, or a trustee of a trust, that person is a fiduciary. A fiduciary is a person who holds a position of trust and must abide by strict legal obligations to act in good faith and in the best interest of the person on whose behalf they are acting. For more detailed information, see Rebecca’s blog post entitled “Abusing Your Position of Trust” or see the description of the practice area “Fiduciary Litigation” on Rebecca’s website at www.rebeccamcnerneylaw.com.
If you were born to a couple who was unmarried at the time of your birth, speak with an attorney about securing your inheritance rights. Believe it or not, children born out of wedlock are not automatically entitled to inheritance rights from the father unless certain legal requirements have been met.
Late in life marriages can most definitely upset the apple cart. Do not try to draft estate planning documents or prenuptial agreements on your own. In order for these documents and agreements to be given their intended effect, they must meet strict legal requirements.
Finally, if you believe your parent or relative was unduly influenced to alter their will or trust, you can bring a challenge to the will and likely pay the attorney out of the estate assets, without having to absorb your own attorney fees, as long as the challenge is based in good faith.
Rebecca McNerney has extensive litigation experience and has been successful recovering estates and property for her clients from individuals who have attempted to take what isn’t theirs. If you need guidance regarding inheritance rights, a will challenge, the mismanagement of funds or property, or challenging an entity/person who refuses to recognize a power of attorney, contact Rebecca McNerney.Rebecca McNerney practices in North Carolina and South Carolina in the areas of estate litigation, fiduciary litigation, family law, and certain criminal defense matters. Specifically, Rebecca practices in Mecklenburg County, NC, Union County, NC, York County, SC, and Lancaster County, SC.
DISCLAIMER: Yes, I am an attorney, but I’m not your attorney and your reading of this article does not create an attorney-client relationship between you and me. I am licensed to practice law in North Carolina and South Carolina, and I have based the information in this article on the laws of those two states and the United States. This blog contains general legal information only and should not be taken or relied upon as legal advice. All cases are unique and require a detailed analysis. Additionally, the laws are everchanging which causes certain pieces of article content to become outdated. You should consult with an attorney before you take any action in reliance on this information.
