What key questions should I ask to verify an attorney’s experience in handling contested probate cases?
1. Detailed Answer
Facing a contested probate means challenging or defending a will’s validity. In North Carolina, contested probate actions follow Chapter 31 of the General Statutes. Grounds include lack of capacity, undue influence, fraud, or improper execution. (See N.C. Gen. Stat. § 31-44, § 31-49.)
Contested probate can involve discovery, depositions, hearings, and trial. Hiring an attorney with direct experience ensures they understand local rules and court procedures. When you interview potential attorneys, focus on their track record in contested matters. Ask how many contested cases they’ve handled and the outcomes they achieved. Learn whether they prepared cases for trial or resolved disputes through negotiation and mediation.
Inquire about their approach to specific issues, such as capacity challenges or allegations of undue influence. Request examples of how they managed evidence and witnesses. Clarify their communication style and how often you will receive updates. Finally, discuss fees and billing structure. Contested probate often requires substantial work; an open fee discussion avoids surprises down the road.
2. Key Questions Checklist
- Case Volume and Types: How many contested probate matters have you handled in North Carolina courts?
- Relevant Outcomes: Can you share examples of resolutions, including trial verdicts or settlements?
- Practice Focus: Which contested issues have you handled—lack of capacity, undue influence, fraud, or improper execution?
- Procedural Knowledge: How familiar are you with Chapter 31 contested probate procedures and local court rules?
- Trial vs. Settlement: What is your experience taking a will contest to trial versus resolving it by agreement?
- Evidence and Witnesses: How do you build and present evidence in contested matters?
- Team Resources: Who in your firm will assist with discovery, research, and court filings?
- Communication: How will you keep me informed about case developments and timelines?
- Fees and Billing: What is your fee structure, and how do you estimate total costs for a contested probate?
- Timeline Expectations: How long do contested probate cases typically take under your management?
Choosing the right attorney for a contested probate case can make a critical difference in outcome and costs. At Pierce Law Group, our attorneys have years of experience guiding clients through North Carolina’s contested probate process. To discuss your situation, email us at intake@piercelaw.com or call (919) 341-7055 to schedule a consultation.
