Greensboro Probate Litigation Lawyer

When a loved one passes away, families expect the probate process to run smoothly. Unfortunately, disagreements over wills, trusts, asset distribution, or the actions of an executor can quickly turn emotional and legally complex. If you’re facing a probate dispute, partnering with our Greensboro probate litigation attorney can protect your loved one’s legacy—and your rights.

At the Law Offices of Cheryl David, we represent heirs, beneficiaries, executors, trustees, and family members throughout Greensboro, in all types of probate and estate-related disputes. Our goal is to resolve conflicts efficiently while minimizing stress and protecting your financial and legal interests.

To schedule an initial consultation, call (336) 717-0375 or contact us online.

Common Probate Issues

Probate disputes arise for a variety of reasons, often when family members have differing interpretations of a will or conflicting expectations about an estate. Some of the most common probate litigation matters include:

Will Contests

A will may be challenged if someone believes it is invalid due to:

• Lack of testamentary capacity
• Undue influence
• Fraud or forgery
• Improper execution
• Revocation by a later will

North Carolina law sets specific grounds for contesting a will, making skilled legal guidance essential.

Executor or Administrator Misconduct

Executors and administrators have a legal duty to manage the estate responsibly. Probate litigation may be necessary when an executor is accused of:

• Mismanaging estate assets
• Stealing property or funds
• Failing to provide required accountings
• Favoring certain beneficiaries
• Delaying probate without justification

Our firm can take action to remove an executor, seek reimbursement, or compel performance of required duties.

Disputes Among Beneficiaries

Family members may disagree about:

• Property distribution
• Personal belongings
• How an estate should be valued
• Interpretation of vague will language

These disputes can escalate quickly without neutral legal intervention.

Trust Litigation

Trust-related conflicts often involve:

• Trustee misconduct
• Disagreements over trust terms
• Accounting disputes
• Claims of undue influence

A trustee may need representation—or a beneficiary may need a lawyer who can enforce their rights.

Claims Against the Estate

Creditors, family members, or business partners may file claims against the estate that beneficiaries dispute. Our firm helps evaluate the validity of claims and defend estates from improper demands.

The Legal Process of Probate Litigation

Probate litigation follows a specific process in North Carolina, and having our Greensboro probate litigation lawyer ensures you understand each step and the strategy needed for a favorable outcome.

1. Case Evaluation & Investigation

Every matter begins with gathering documents such as the will, trust, financial records, medical records, and witness information. We analyze the facts to determine the viability of your claim or defense.

2. Filing the Appropriate Legal Action

Depending on the issue, this may involve:

• A caveat (formal will challenge)
• Petition to remove an executor or trustee
• Lawsuit for breach of fiduciary duty
• Demand for accounting
• Petition to recover misappropriated assets

3. Discovery Phase

Both sides collect evidence through:

• Depositions
• Document requests
• Subpoenas
• Expert evaluations

This phase often reveals whether a dispute can be settled or must go to court.

4. Mediation or Negotiation

North Carolina courts often encourage mediation. Many probate disputes settle here, saving families time and money.

5. Probate Court Hearings or Trial

If a settlement isn’t possible, we present your case before the clerk of the superior court or, in some cases, before a judge. We advocate aggressively to protect your rights and ensure the estate is handled lawfully.

6. Enforcement & Final Accounting

After a ruling, we help ensure compliance—such as removing executors, recovering assets, or distributing property properly.

Probate Litigation FAQs

What is probate litigation?

Probate litigation refers to legal disputes related to wills, trusts, estates, and the actions of executors or trustees. It can involve family members, beneficiaries, creditors, or fiduciaries.

How long does probate litigation take in North Carolina?

Cases may resolve in a few months if settled early, but complex matters involving fraud, undue influence, or significant assets may take a year or more.

Can an executor be removed?

Yes. If an executor is failing to perform their duties, acting dishonestly, or abusing their power, the court can remove them and appoint someone else.

Do I need a lawyer to contest a will?

Absolutely. North Carolina’s probate laws are strict, and filing a caveat without legal counsel can jeopardize your claim.

Can I challenge a trust in North Carolina?

Yes. Trusts can be challenged for similar reasons as wills, including undue influence, lack of capacity, or trustee misconduct.

What if I live outside North Carolina?

You can still challenge or defend an estate in Greensboro, even from another state. Our firm represents many out-of-state clients remotely.

Speak With a Greensboro Probate Litigation Attorney Today

Probate disputes are emotionally taxing and legally complicated—but you don’t have to navigate them alone. The Law Offices of Cheryl David provides experienced, compassionate, and strategic legal representation for clients facing probate and estate conflicts in Greensboro, NC.

Contact us today for a confidential consultation and let us help protect your rights, your family, and your loved one’s legacy.