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Trust Litigation Attorney in Charlotte

Contested Trust? Put Civil Litigation & Estate Planning Experience to Work

A contested trust can disrupt asset administration, strain family relationships, and raise urgent questions about authority or distributions. We bring civil litigation and estate planning capabilities together for beneficiaries, trustees, family members, and other interested parties. For trust litigation in Charlotte, we examine the governing documents, financial records, relationships among the parties, and conduct at issue before identifying practical legal options.

Founded in 2011, Marcellino Moore, PLLC prepares carefully, advocates firmly in and out of court, and explains the decisions ahead. Our attorneys and dedicated staff approach significant personal and financial disputes with a results-driven mindset. We’re also recognized by Super Lawyers®, a distinction earned by fewer than 5 percent of attorneys nationwide.

Call (980) 427-3401 or reach out online to discuss your trust dispute with our Charlotte attorneys and identify any records, filings, or upcoming events that may require attention.

Disputes Over Trustees, Beneficiary Rights, & Trust Validity

A disagreement may turn on the meaning of one provision, a pattern of disputed administration, or whether the trust is valid. The appropriate response generally depends on the governing document, each party’s legal role, the available records, and the relief being requested.

Contested matters may involve:

Breaches of fiduciary duty: Claims that a trustee failed to follow the trust or comply with duties imposed by law.
Trust accountings: Disagreements over financial information, asset inventories, expenses, distributions, or the trustee’s reporting.
Trust interpretation: Conflicting positions about what a provision requires or how it applies to a beneficiary, asset, or distribution.
Trustee conduct: Allegations involving conflicts of interest, improper distributions, withheld information, or misuse of trust property.
Trust validity: Claims that a trust resulted from undue influence, lack of capacity, duress, fraud, mistake, or forgery.

Depending on the facts and North Carolina law, a party may ask a court to interpret the document, declare the parties’ rights, direct aspects of administration, order an accounting, or consider trustee removal. Those remedies aren’t automatic. Any request must be evaluated against the governing terms and supporting evidence.

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Settlements & Judgments

Our Case Results

Rights to Property
Attorney Marcellino was able to convince the Superior Court to cancel a lis pendens that was improperly used against the firm’s client.
Truck Accident
An individual was involved in a truck accident and Attorney Campbell was able to use his extensive experience to advocate for and help his client secure a six-figure settlement.
Dismissal of Lawsuit and Prevailing on Appeal
Clay Campbell led members of the firm’s family law and civil litigation teams in representing a client who faced a separate civil lawsuit arising from alleged conduct during an underlying domestic matter.
Judgment in Favor of Client & Successful Collection Efforts
Clay Campbell, working with the firm’s litigation team, represented a homebuyer after the seller failed to disclose tax liens that were not discoverable through an ordinary title search because of the seller’s name change.
Summary Judgment Dismissing Case Against Client
Attorney Clay Campbell and his team recently successfully defended a multinational retail company against a negligence claim involving an alleged slip and fall on an unidentified liquid.

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How a North Carolina Trust Dispute May Proceed

The North Carolina Uniform Trust Code provides procedures for disputes involving trust administration, requests for instructions, and declarations of rights. The appropriate forum and process can vary based on the claims, parties, requested relief, and connection to North Carolina.

A contested matter may include these stages:

Initial assessment: Counsel reviews the trust, amendments, communications, financial records, and any existing court filings.
Pleadings: A party files documents identifying the legal claims, relevant facts, and requested relief. Certain contested proceedings begin before the clerk of superior court. Depending on the circumstances, a case may also involve the Superior Court Division, transfer, joinder, or consolidation.
Negotiation or mediation: The parties may explore an agreement directly or through mediation, a structured settlement process led by a neutral third party.
Discovery: Parties may exchange documents, submit written questions, request records, and take testimony under oath.
Hearing or trial: If disputed issues remain unresolved, the court may hear evidence and decide the claims properly before it.

The number of parties, volume of records, disputed facts, discovery needs, and court schedule can all affect duration and cost. We explain the likely steps based on the specific dispute rather than applying the same procedural path to every case.

What to Gather Before Discussing a Contested Trust

The governing documents and related records can clarify who has authority, what the trust requires, and where the parties disagree. Complete records are useful when available, including older versions that may show when and how relevant terms changed.

Useful materials may include:

The signed trust, amendments, restatements, wills, and related estate planning documents.
Account statements, asset inventories, tax records, receipts, and distribution histories.
Notices, letters, emails, text messages, and communications among trustees and beneficiaries.
Records concerning transfers, changes to the trust, medical capacity, alleged pressure, or potential conflicts.
Court filings, demands for an accounting, threatened transfers, and notices of upcoming distributions.

We’ll also need to understand the role of each trustee, beneficiary, settlor (the person who created the trust), fiduciary, and other interested party. Tell us about pending filings, scheduled distributions, proposed asset sales, or other events that may require prompt review.

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Why Civil Litigation & Estate Planning Both Matter

Trust disputes often combine questions about estate documents, financial interests, property ownership, and contested conduct. We represent clients in civil disputes involving real estate, construction, insurance, and partnerships, while our estate planning work includes wills and trusts. This combination allows us to analyze both the governing document and the broader conflict surrounding it.

Our published estate-related work includes advising the owner of a highly successful business with an estate valued at approximately $40 million and properties across several states. We’ve also used estate planning to help a family avoid the time, expense, and complexity of full probate administration. These examples reflect our estate planning capabilities and aren’t presented as trust litigation results.

Discuss Your Contested Trust With Our Charlotte Team

Trust disputes require careful attention to the governing documents, the available evidence, and the relationships and assets involved. We draw on our civil litigation and estate planning capabilities to assess those issues and provide practical guidance about the decisions ahead.

During a consultation, you can explain the dispute, identify the people involved, and discuss the conduct or decisions being challenged. We offer virtual consultations for beneficiaries, trustees, family members, and other interested parties. You don’t need to organize every record before contacting us, but sharing known deadlines, court filings, or upcoming transactions can help focus the conversation.

Call (980) 427-3401 or reach out online to discuss your Charlotte contested trust matter with Marcellino Moore, PLLC.

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