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If your family has experienced the loss of a family member, our attorneys can assist with legal matters to save you time, while protecting you from additional stress arising from losses or missteps during the probate process.
Probate is the court process by which a will is proven valid or invalid. During this process, the court identifies the assets of the deceased (decedent) for the purposes of liquidating liabilities to pay the decedent’s debts and taxes, and distribute the decedent’s assets to the beneficiaries or heirs.
Our attorneys guide executors, administrators, guardians, trustees, and beneficiaries throughout the entire estate administration and settlement process, by:
If you have an issue with probate court over provisions in a will or trust, there is no greater comfort than knowing your interests are protected by an experienced probate litigation attorney. Smith Debnam’s probate litigation attorneys are committed to providing an unparalleled level of practical, personal, and effective legal representation. Our probate litigation team represents executors, beneficiaries, and trustees in all phases of trust and estate administration, from the initial probate of a will through the final settlement of the estate, and in all matters involving the administration of trusts.
Our probate litigation attorneys are experienced in prosecuting and defending lawsuits against trustees, executors, and beneficiaries, including suits alleging undue influence, breach of fiduciary by the executor or trustee, estate mismanagement or misappropriation, questionable changes to the will and in claims against the estate, including:
The days, weeks, and months after the death of a loved one can be emotional and stressful, especially if you are named the… Read More
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For families of relatives with special needs, estate planning may be especially important. Many individuals with special needs are unable to manage their… Read More
In the U.S., children are born every day to unwed mothers. Throughout history, society and the legal system have shunned children of unwed… Read More
In North Carolina, there are several laws in place intended to prevent you from effectively disinheriting your spouse. These laws include the Year’s… Read More
When the US Supreme Court ruled in June of 2015 that a state ban on same-sex marriages is unconstitutional and in violation of… Read More
More and more law firms and financial advisors in North Carolina are touting the benefits of having a revocable living trust. While there… Read More
How many of us have thought about what would happen to us if one day we lost the ability to speak or get… Read More
One of my favorite legal quotes is by J.J. Childers: “There’s hell, and then there’s probate.” While certainly not as hopeless… Read More