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Estate Litigation Attorney in Charlotte

Estate Planning Insight & Civil Litigation Advocacy for Estate Conflicts

A contested will, trust conflict, or disagreement over estate administration can affect property rights, family relationships, and the transfer of significant assets. A challenge to a will also differs from a dispute over the administration of an otherwise valid estate. Identifying the nature of the conflict early can clarify the parties, evidence, legal procedures, and potential next steps.

Marcellino Moore, PLLC brings together estate planning knowledge and civil litigation capability for conflicts involving wills, trusts, fiduciaries, and estate administration. We prepare carefully, provide practical legal guidance, and advocate for our clients in and out of court.

Call (980) 427-3401 or reach out online to discuss an estate-related conflict with our Charlotte attorneys and identify issues that may require prompt attention.

What Can Trigger an Estate Dispute

Estate conflicts may concern the validity of a document, the conduct of a personal representative or trustee, or competing claims to property. We can assess whether the situation calls for challenging or defending a document, requesting information, or examining how assets are being managed or distributed.

Common issues in contested estates include:

Will contests: Allegations of undue influence, lack of testamentary capacity, fraud, duress, forgery, or improper execution.
Estate administration: Questions about accountings, asset management, creditor claims, distributions, or compliance with a will.
Fiduciary conduct: Claims involving an executor, administrator, personal representative, or trustee.
Trust disputes: Disagreements about interpretation, administration, amendments, distributions, or alleged misuse of trust property.
Beneficiary rights: Conflicts involving exclusion, unequal distributions, withheld information, or ownership of disputed assets.

A Results-Driven Firm Founded in 2011

Our estate planning and civil litigation practices allow us to examine governing documents alongside the contested legal issues. Our team of attorneys and dedicated staff focuses on careful preparation, practical guidance, and strong advocacy. Our attorneys have been recognized by Super Lawyers®, a designation achieved by fewer than 5 percent of attorneys nationwide.

North Carolina Will Contests & Caveat Proceedings

A North Carolina will contest may raise questions about testamentary capacity, undue influence, fraud, duress, forgery, or compliance with execution requirements. Testamentary capacity concerns whether the person making the will had the legal mental ability to understand the document, the property involved, and the people who would ordinarily receive it.

An interested party may challenge a will through a caveat, a formal objection to the document’s validity filed in the decedent’s estate file with the clerk of superior court. The dispute may then proceed in superior court as a caveat proceeding.

North Carolina law generally permits a caveat at the time of probate or within three years afterward. Exceptions and procedural limitations may change the applicable deadline, however, so the general period shouldn’t be assumed to apply identically to every estate, claim, or procedural posture.

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Behind Every Case is a Real Person and a Real Story

“Jennifer Moore, Alexis Gadzinski and their team were stellar in supporting me.”
“They were great to work with and achieved all of my goals. I highly recommend Jennifer and Alexis to represent you.”

- Richard R.
“Kay Bolaños and her team did an outstanding job.”
“Her legal advice and expectations were honest and accurate from beginning to end. The way Kay handled the case was on point. I am happy with the trust I placed in her.”

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“It was a pleasure working with Kay and Katie.”
“The team at Marcellino & Moore (Kay Bolanos & Katie Glenney) handled my family matters in a very professional and efficient way. My situation was a bit unique, and they spent time researching and brainstorming potential outcomes.”

- Elena
“Will definitely use their representation again.”
“Their communication is top notch as well as their support which is the most important aspect in my opinion.”

- Former Client
“Matt, thanks for all the hard work, and more importantly, your compassion and real world knowledge.”
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- William M.
“I HIGHLY recommend this law firm.”
“5 stars aren’t enough to rate my experience with this law firm. Attorney Clay Campbell exceeded my expectations. I just sat back and listened to him annihilate the opposing counsel. It was quite comical.”

- Monica H.
“I had the privilege of being represented by Clay Campbell and his exceptional team.”
“Their knowledge of the law is unmatched, and they navigated my case with precision and expertise. The entire team demonstrated outstanding communication, always keeping me informed and at ease throughout the process.”

- Former Client
“Her professionalism and commitment to my needs were evident from the start.”
“Jennifer was straightforward and transparent, giving me confidence in her abilities. The team was responsive and ensured my interests were always a priority. I'm grateful for their help, which has allowed me to move forward positively.”

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Settlements & Judgments

Our Case Results

Estate Planning
Family Avoids the Time and Expense of Full Probate. Attorney Katy Currie helped a family avoid the time, expense, and complexity of a full probate administration after the loss of a loved one.
Contested Will Dispute
Attorney Katy Currie represented a family facing a difficult probate proceeding after a family member challenged the validity of a loved one’s will.
Estate Planning
Attorney Katy Currie worked with a blended family facing the challenge of providing for one another while also protecting assets intended for their respective children.
Estate Planning to Protect Minor Children
Attorney Katy Currie worked with parents who wanted to ensure their children would be protected and cared for if the unexpected occurred.
High-Net-Worth Estate
Advised the owner of a highly successful business with an estate valued at approximately $40 million, including multiple properties across several states.

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Conflicts Among Fiduciaries & Beneficiaries

Not every estate dispute challenges the validity of a will. Some concern whether an executor, administrator, or trustee is following the governing documents and fulfilling the fiduciary duties associated with that role.

Disputed issues may include conflicts of interest, accountings, asset management, communication, trust interpretation, contested distributions, or alleged misuse of property. Beneficiaries may also disagree about whether an asset belongs to the estate, how a provision should be interpreted, or whether information has been improperly withheld.

Potential remedies depend on the governing document, the fiduciary’s conduct, the parties’ legal interests, the assets involved, and the court procedure that applies to the dispute.

How an Estate Dispute May Proceed

Early review commonly involves the governing documents, probate status, interested parties, financial information, and communications surrounding the conflict. Medical records and witness accounts may also be relevant when testamentary capacity or undue influence is disputed.

Negotiation or mediation may provide a path toward resolution when the parties can address their differences without trial. If informal efforts aren’t appropriate or don’t resolve the conflict, the case may involve court filings, discovery, motions, hearings, and trial preparation. The sequence and duration depend on the claims, parties, evidence, court requirements, and prospects for settlement.

Records That May Clarify the Dispute

The legal issue determines which records matter most. Wills, codicils, trusts, amendments, probate filings, accountings, financial statements, beneficiary communications, medical records, and witness information may shed light on document validity, influence, fiduciary conduct, asset ownership, or distribution questions. We evaluate the available information while keeping the client’s objectives central to the legal strategy.

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When an Estate Conflict Calls for Prompt Review

Timing may be important when a will has entered probate, distributions are approaching, a fiduciary is withholding information, assets may be transferred, or an interested party is considering a caveat. Deadlines and available remedies vary with the claim, facts, and procedural posture.

Before a consultation, gather any available wills, codicils, trusts, amendments, probate notices, accountings, financial records, and relevant communications. Preserve original documents and electronic messages rather than altering or discarding them while the conflict develops.

It’s also useful to identify what you need counsel to evaluate, such as challenging or defending a document, requesting an accounting, asserting beneficiary rights, addressing fiduciary conduct, or resolving another estate administration issue.

Discuss Your Estate Dispute With Our Attorneys

Our estate planning perspective, civil litigation practice, and focus on careful preparation can help you assess a consequential estate conflict. During a consultation, we can discuss the controlling documents, interested parties, possible deadlines, and court procedures relevant to your situation. We also offer virtual consultations for added convenience.

Call (980) 427-3401 or reach out online to speak with Marcellino Moore, PLLC about your estate litigation concerns and possible next steps.

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