In re Estate of Mills (Lawyers Weekly No. 14-16-0863, 21 pp.) (Martha Geer, J.) Appealed from Cabarrus County Superior Court (Richard Doughton, J.) N.C. App. Unpub. Holding: The decedent’s estate was involved in litigation, and there was a potential conflict ...Read More »
Trusts and Estates
Carmichael v. Lively(Lawyers Weekly No. 14-07-0745, 18 pp.) (Douglas McCullough, J.) Appealed from Mecklenburg County District Court (James Morgan, J.) N.C. App. Holding: The trial court did not err in granting summary judgment in favor of the petitioner and holding ...
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Nevitt v. Robotham (Lawyers Weekly No. 14-07-0758, 16 pp.) (Linda McGee, J.) Appealed from New Hanover County Superior Court (Phyllis Gorham, J.) N.C. App. Holding: Where the settlor established an inter vivos trust by declaration, he didn’t need to deed ...
Tagged with: recordation unnecessaryRead More »
Trusts & Estates – Jury Instructions – Inter Vivos Gift – Retained Interest – Joint Bank Account – Other Assets – Estate Debts & Taxes
Fortner v. Hornbuckle (Lawyers Weekly No. 14-07-0749, 28 pp.) (Mark Davis, J.) Appealed from Swain County Superior Court (James Downs, J.) N.C. App. Holding: Although the plaintiff-estate administrators presented enough evidence to go to the jury on the question of ...
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In re Estate of Heiman (Lawyers Weekly No. 14-07-0656, 16 pp.) (Donna Stroud, J.) Appealed from Orange County Superior Court (Robert Hobgood, J.) N.C. App. Holding: The decedent’s widow would receive the same elective share amount, regardless of whether the ...Read More »
Bland v. Harold L. & Audree S. Mills Charitable Remainder Unitrust (Lawyers Weekly No. 14-16-0081, 15 pp.) (Chris Dillon, J.) Appealed from Cabarrus County Superior Court (Richard L. Doughton, J.) N.C. App. Unpub. Holding: Even if, as defendants argue, plaintiff’s ...Read More »
Estate of Joyner v. Joyner (Lawyers Weekly No. 14-07-0005, 7 pp.) (Robert C. Hunter, J.) Appealed from Lenoir County Superior Court (Phyllis M. Gorham, J.) N.C. App. Holding: Even if the decedent’s husband constructively abandoned her for the last six ...
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THZ Holdings, LLC v. McCrea Even though the trustee lent the trust money to buy a home for the beneficiaries, there was no deed of trust on the real property, and the subsequently-executed “credit advance agreement” between the trustee and the trust provided that the trust was to repay the trustee by Dec. 31, 2018. When the trustee transferred title to the real property to himself individually in exchange for forgiveness of the purchase-money debt, this was a breach of trust.
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