Trust Disputes & Trust Litigation in North Carolina
When conflicts arise over a trust, you need a firm that knows how to fight and win
When conflicts arise over a trust — its terms, management, misappropriated assets, or distributions — the consequences can divide families and put significant assets at risk. These cases often involve deep personal history, complex financial issues, and serious questions of trust and duty.
That's when you need a firm that knows how to fight and win.
Our focus is clear: we litigate Trust Disputes, Will Caveats, and Fiduciary Abuse cases across North Carolina. Led by Kirk Sanders, an experienced estate litigation lawyer, we represent beneficiaries, trustees, and heirs in cases involving trust mismanagement, fraud, and breach of fiduciary duty — and, when necessary, take them to trial.
What Is a Trust Dispute?
A trust dispute arises when there's disagreement about how a trust was created, managed, or distributed. These conflicts may involve the validity of the trust itself, the actions taken by the trustee, or the rightful interests of beneficiaries.
Unlike wills, trusts often bypass probate — but that doesn't mean they're immune to challenge. When a trustee acts improperly or a trust was created under suspicious circumstances, North Carolina law provides avenues to contest or defend it. This is a very nuanced area of litigation and Kirk Sanders and his team have experience and knowledge that gives you an advantage.
Common Reasons for Trust Litigation
You may have a valid claim if:
A trustee has misused or misappropriated trust funds.
Trust assets have been sold, transferred, or "lost" without explanation.
A trust was amended or created when the grantor lacked mental capacity.
A trust was the result of undue influence, coercion, or manipulation.
The trustee refuses to provide an accounting or disclose financial information.
Distributions are unfair, inconsistent with the trust's terms, or benefiting the trustee personally.
Each of these situations can amount to a breach of fiduciary duty — a violation of the trustee's legal obligation to act solely in the best interest of the beneficiaries.
Questions to Ask Yourself
If you're answering yes to any of these, it's time to get experienced legal help.
Legal Grounds for Challenging a Trust
Breach of Fiduciary Duty
The trustee acted with self-dealing or with a conflict of interest instead of for beneficiaries' benefit.
Undue Influence
Somebody manipulated or coerced the grantor into creating or amending the trust.
Lack of Capacity
The grantor did not understand the nature of the trust or their assets.
Fraud or Forgery
The trust document or amendments were falsified or executed under deception.
Failure to Account / Misadministration
The trustee refuses to account for assets or has mismanaged investments, distributions, or recordkeeping.
These cases require detailed document analysis, obtaining the documentation, financial tracing, and occasionally expert testimony — and we're equipped to handle the investigation and getting the documents.
Why Clients and Attorneys Choose Us
We've spent decades litigating trust disputes, estate misadministration, and fiduciary abuse cases across North Carolina — and winning them.
Attorney Kirk Sanders has successfully:
Attorney Referrals: Other attorneys throughout North Carolina frequently refer complex trust and estate cases to our firm because they trust our trial experience, process, and results. We honor referral and co-counsel fee agreements under North Carolina Bar rules.
Your Case. Your Rights. Your Fight.
If you believe a trust has been mismanaged, manipulated, or created under false pretenses — or if you're a trustee defending your actions — we're ready to take action to protect your interests.
We investigate, litigate, and, when necessary, go to trial to protect your rights and the integrity of the trust.
We'll evaluate your claim, explain your options, and stand with you every step of the way.