In addition to estate planning and administration, The Van Winkle Law Firm works with clients in related challenges such as will contests (caveats) and trust interpretations. By combining the skills of its estate planners and litigators, the practice performs pre-litigation analysis for estates and heirs, advising clients on the propriety of defending or pursuing estate claims. The firm also represents the interests of estates and beneficiaries against the government in connection with tax disputes, many of which are resolved through negotiation. In each case, Van Winkle respects the sensitive nature of the matter, realizing that the death of a loved one or having to challenge family in court adds a new layer of complexity.

Trust & Estate Law and Legal Disputes - Types of Services

• Will caveats
• Trust disputes
• Guardianship disputes
• Claims of breach of fiduciary duties
• Defense of trustees against claims and litigation
• Modification and termination of irrevocable trusts
• Alternative dispute resolution

Practice Highlights

• Successfully turned back a challenge to a will probated in Arizona, thereby preserving a substantial bequest to a non-profit in Western North Carolina.
• The firm was instrumental in resolving the distribution of an estate worth more than $2.5 million where there was considerable confusion and uncertainty over the provisions of the descendant’s will and trust. This matter involved more than 25 individual beneficiaries and a substantial charitable bequest.

Professional Memberships

• Estate Planning and Fiduciary Law Section of the North Carolina Bar Association
• Board of Regents of the American College of Trusts and Estates Council