Estate Litigation

The Estate Litigation practice at Burt Langley PC includes estate administration, guardianship, incompetency adjudication, and litigation surrounding probate actions and will contests. April Burt has extensive experience in all types of estate administration, including guardianships; and Katherine Langley is an experienced litigation attorney skilled in handling these types of matters. Our collaborative efforts will ensure you receive complete advice and effective representation.


Contesting or defending a will can be as difficult and contentious as a divorce can be, and it can carry the same kind of emotional impact. At Burt Langley, we understand these factors in estate litigation. We have the skill and experience to guide you through the process of contesting an illegal will or defending a valid will.

Common disputes from which will contests often arise include:

  • disinheritance,
  • a change in a will to disproportionately include caregivers,
  • disproportionate inclusion of religious institutions or charitable organizations, and
  • perceived inequality in the treatment of family members or beneficiaries under a will.

Of course, a person of sound mind and under no undue influence has the right to do any or all of these things. Often, though, these types of actions lead to suspicion that the deceased person was being unduly influenced or was incapacitated at the time he or she signed the will. It is important to understand the legal limits of a will contest, the likelihood of prevailing in or defending such an action, and the costs of doing so. The attorneys at Burt Langley will honestly advise you so that the best decisions can be made by the involved family members and parties. Sometimes the best decisions will eliminate the need for unnecessary and costly litigation.

Trust litigation involves cases where a trust is amended, a claim is made against a trustee, or the intent to use certain assets for particular purposes needs to be clarified. Trust disputes have grown in direct proportion to the increasingly popular use of living trusts and other similar estate planning tools. Adding to the complexity of an estate, many trust disputes arise from will contests and other elements of estate litigation.

Katherine Langley is an experienced and seasoned trial attorney. She can help guide you through the process of contesting or defending against the contest of a will or disputing or defending the elements of a trust. Schedule a consultation today so that you can be assured you have competent and dedicated representation to navigate any estate litigation matter.


April M. Burt is a transactional lawyer. Katherine Langley and Chad Anderson are trial lawyers. These Asheville-based attorneys focus their practice in the areas of business law, employment law, estate planning, and transactional law. They serve clients in the Western North Carolina communities located in Buncombe, Henderson, Haywood, Madison, and surrounding counties.


Burt Langley, PC | 149 S. Lexington Avenue | Asheville, NC 28801 | P: 828-367-7090 | F: 828-318-8899