Estate Litigation Attorney in Raleigh
Three Decades of Business & Estate Law Experience in Your Corner
Marzella Law Group has served clients throughout Raleigh and Wake County since 1995, building more than three decades of collective experience across business law, commercial real estate, and estate matters. When a dispute arises over a will, a trustee’s conduct, or a business interest held inside an estate, our attorneys bring a foundation that spans both sides of the problem.
Our practice areas include estate planning, business law, and real estate, which means we can coordinate a client’s business and estate concerns without requiring separate firms. Founder Carmen Marzella is regularly consulted on the succession of closely held and family businesses and has a background in commercial litigation that translates directly to contested estate matters.
If you’re facing a will contest, a fiduciary dispute, or an estate conflict involving business ownership, contact our team at (919) 283-5350 to schedule a confidential consultation.
Why Raleigh Clients Bring Their Estate Disputes to Us
At Marzella Law Group, you work directly with your attorney. There are no handoffs to case managers or support staff once you engage us. That direct access matters in estate litigation, where facts are often sensitive and strategy needs to move quickly as deadlines approach.
As a boutique firm, we maintain closer advisory relationships than most larger corporate practices allow. For disputes involving LLC membership interests, trust-held company ownership, or family business succession, Carmen Marzella’s background advising on closely held business transitions gives our team context that a general litigator may not bring to the table.
Hear From Our Happy Clients Reviews & Testimonials
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"Carmen and Tayler are a wonderful and professional team."
Recently, Marzella Law Group helped us with a business closing for a business we were purchasing. Carmen and Tayler are a ...
- Yusuf M. -
"Thank you!"
Carmen and Tayler are two of the best professionals out there. I am always beyond satisfied with the services I receive.
- Evan H. -
"Forever Grateful"
Carmen quickly responded to questions, reviewed and responded to contract negotiations speedily, and provided insight that helped us as new business owners.
- Kelly F. -
"The Ultimate Professional"
Carmen is one of the finest attorneys in North Carolina. The ultimate professional, he goes the extra mile for his clients.
- Charles K. -
"Totally Impressed"
We were totally impressed with his knowledge, guidance, and professionalism throughout the process.
- Rex P. -
"Above Board Professional"
Here's something you don't get to say too often: "I wish more people were like my attorney." True, above-board professional, through and through.
- Michael P. -
"Excellent Work"
Carmen and his team do great work at a very fair cost. They've always been excellent!
- David F. -
"Extremely Responsive"
Highly professional and competent with the unique ability to communicate complicated concepts in easy-to-understand terms. Great to work with.
- Judith S.
Estate Litigation Matters We Handle
Estate disputes take several forms, and the category that fits your situation shapes which procedural path applies and how quickly you need to act.
Will Caveats: Contesting a Will’s Validity
A will caveat is the formal mechanism for challenging a will in North Carolina. Grounds generally include lack of testamentary capacity (the will-maker didn’t understand what they were signing or who their heirs were) and undue influence (another person overpowered the will-maker’s judgment). These challenges require specific evidence and must be filed within defined deadlines discussed below.
Breach of Fiduciary Duty
Executors, trustees, and agents acting under a power of attorney owe legal duties to the people they serve. When those duties are breached through mismanagement of assets, self-dealing, or failure to distribute property according to the governing document, affected heirs and beneficiaries may have grounds to pursue a claim. Power of attorney misuse is an increasingly common issue, particularly when changes to accounts or beneficiary designations occurred while the account holder lacked capacity.
Business Interests Held in an Estate or Trust
A trust or estate can hold LLC membership interests or other business ownership stakes. When those interests become a source of dispute among heirs, co-owners, or successor trustees, the matter sits at the intersection of estate law and business law. That’s precisely where our background is most relevant.
How Estate Litigation Proceeds in Wake County
Probate and estate filings for decedents who lived in Wake County are handled through the Wake County Clerk of Superior Court’s Estates Division. A will caveat begins there but transfers to Superior Court, where a jury decides whether the challenged document is the decedent’s valid last will.
Timing matters. A caveat generally must be filed within three years after a will is admitted to probate in common form. Solemn form probate follows a different path: it requires notice to interested parties and a hearing, and once completed, any party who was properly served is generally barred from later filing a caveat. North Carolina law presumes the person making a will had the mental capacity to do so, and the party challenging the will carries the burden of proving otherwise.
Schedule a Confidential Consultation
Estate disputes are time-sensitive and rarely straightforward. We offer a confidential consultation to discuss what you’re facing and whether there may be a viable path forward. Hourly, fixed, and project-based billing arrangements are available to fit a range of financial situations, so cost uncertainty doesn’t have to be a barrier to getting legal guidance early.
Contact Marzella Law Group at (919) 283-5350 to speak with an estate litigation lawyer serving Raleigh and Wake County.
