Strauch Green & Mistretta can represent you and your family members in the following areas of trust and estate-related litigation matters:
Representation of Surviving Spouses and Other Beneficiaries:
– North Carolina law allows a minimum share of total net assets to pass to the surviving spouse under the deceased spouse’s Will, depending upon the length of the marriage. Our firm can represent the surviving spouse in seeking the Spousal Allowance and Elective Share.
– Representation of beneficiaries who are not the Executor or Trustee, but who want to better understand their rights and responsibilities during probate or trust administration.
Challenges to a Will or Trust:
– Representation of beneficiaries who wish to challenge a Will or Trust where the testator or grantor is now deceased.
– Representation of parties who wish to defend against a challenge to a valid Will or Trust.
Enforcing Fiduciary Responsibility:
– Representation of beneficiaries or family members to remove an irresponsible Executor, Trustee or Attorney-in-Fact (Power of Attorney).
– Petition to name a Guardian of an incompetent adult who needs assistance with finances and/or health care decisions.
– Assist in the modification or termination of an irrevocable trust upon application to the Court, within the confines of the Agreement and applicable law.
– Assist a Trustee in “decanting” an older trust into a newer trust or trusts