http://nclawyersweekly.com Thu, 23 May 2013 15:18:15 +0000 en hourly 1 http://wordpress.org/?v=3.3.1 http://nclawyersweekly.com/2013/03/20/trusts-estates-real-property-easements-civil-practice-statute-of-limitations-breach-of-contract/ http://nclawyersweekly.com/2013/03/20/trusts-estates-real-property-easements-civil-practice-statute-of-limitations-breach-of-contract/#comments Wed, 20 Mar 2013 16:54:39 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=71489 Bissette v. Harrod Plaintiffs waited too long to try to enforce a contract for conveyance of an easement, and plaintiffs can’t enforce the contract under the longer statute of limitations applicable to trust claims. ]]> http://nclawyersweekly.com/2013/03/20/trusts-estates-real-property-easements-civil-practice-statute-of-limitations-breach-of-contract/feed/ 0 http://nclawyersweekly.com/2013/03/06/trusts-estates-civil-practice-motion-to-intervene-trust-beneficiary-jurisdiction/ http://nclawyersweekly.com/2013/03/06/trusts-estates-civil-practice-motion-to-intervene-trust-beneficiary-jurisdiction/#comments Wed, 06 Mar 2013 21:51:00 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=71132 Charles Schwab & Co. v. McEntee Although the beneficiary of the testator’s trust disagrees with the settlement that the executor reached with the testator’s ex-wife, the executor functions as a proxy for all persons interested in the estate, including its beneficiaries. The beneficiary did not allege facts which would indicate that its interest was not adequately represented by the executor.]]> http://nclawyersweekly.com/2013/03/06/trusts-estates-civil-practice-motion-to-intervene-trust-beneficiary-jurisdiction/feed/ 0 http://nclawyersweekly.com/2013/03/06/trusts-estates-mutual-wills-statute-of-frauds-contract-real-property/ http://nclawyersweekly.com/2013/03/06/trusts-estates-mutual-wills-statute-of-frauds-contract-real-property/#comments Wed, 06 Mar 2013 14:50:26 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=71099 Hankins v. Bartlett Where any contract between the parties’ parents to maintain joint and mutual wills would have necessarily involved devising real property, any such contract would be subject to the statute of frauds.]]> http://nclawyersweekly.com/2013/03/06/trusts-estates-mutual-wills-statute-of-frauds-contract-real-property/feed/ 0 http://nclawyersweekly.com/2012/08/23/trusts-estates-wills-executors-authority-real-property-mortgages/ http://nclawyersweekly.com/2012/08/23/trusts-estates-wills-executors-authority-real-property-mortgages/#comments Thu, 23 Aug 2012 20:30:42 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=65319 RL Regi North Carolina, LLC v. Estate of Moser Although the decedent’s will granted its co-executors broad powers, the will’s co-executors lacked the authority to have the estate guarantee a loan that was borrowed for the purpose of developing raw land owned by the decedent’s company.]]> http://nclawyersweekly.com/2012/08/23/trusts-estates-wills-executors-authority-real-property-mortgages/feed/ 0 http://nclawyersweekly.com/2012/08/08/trusts-estates-guardianship-wards-death-collectors-appointment-power-of-attorney-2/ http://nclawyersweekly.com/2012/08/08/trusts-estates-guardianship-wards-death-collectors-appointment-power-of-attorney-2/#comments Wed, 08 Aug 2012 18:29:48 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=64760 White v. Harold L. & Audree S. Mills Charitable Remainder Unitrust At the time the trial court entered summary judgment for defendants, named plaintiff Ray White no longer had the authority to sustain the present action because his ward had passed away. Although the trial court subsequently entered a consent order substituting the collector of the ward/decedent’s estate as plaintiff, we must vacate the summary judgment order against then-named plaintiff White and remand for the court’s consideration of any issues presented by the collector of the decedent’s estate.]]> http://nclawyersweekly.com/2012/08/08/trusts-estates-guardianship-wards-death-collectors-appointment-power-of-attorney-2/feed/ 0 http://nclawyersweekly.com/2012/08/08/trusts-estates-guardianship-wards-death-collectors-appointment-power-of-attorney/ http://nclawyersweekly.com/2012/08/08/trusts-estates-guardianship-wards-death-collectors-appointment-power-of-attorney/#comments Wed, 08 Aug 2012 15:09:52 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=64747 At the time the trial court entered summary judgment for defendants, named plaintiff Ray White no longer had the authority to sustain the present action because his ward had passed away. Although the trial court subsequently entered a consent order substituting the collector of the ward/decedent’s estate as plaintiff, we must vacate the summary judgment order against then-named plaintiff White and remand for the court’s consideration of any issues presented by the collector of the decedent’s estate.]]> http://nclawyersweekly.com/2012/08/08/trusts-estates-guardianship-wards-death-collectors-appointment-power-of-attorney/feed/ 0 http://nclawyersweekly.com/2012/07/17/trusts-estates-wills-civil-practice-appeals-party-aggrieved-executor/ http://nclawyersweekly.com/2012/07/17/trusts-estates-wills-civil-practice-appeals-party-aggrieved-executor/#comments Tue, 17 Jul 2012 16:52:37 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=64089 Bigger v. Arnold The trial court ruled in favor of one beneficiary (the testator’s widow) over another beneficiary (a college). The college – the aggrieved party -- did not appeal. Since the order affected only the distribution rights of the beneficiaries, the executor lacks standing to appeal.]]> http://nclawyersweekly.com/2012/07/17/trusts-estates-wills-civil-practice-appeals-party-aggrieved-executor/feed/ 0 http://nclawyersweekly.com/2012/06/05/trusts-estates-uniform-transfers-to-minors-act-accounting-interest-first-impression-attorneys-fees-speculative-investment/ http://nclawyersweekly.com/2012/06/05/trusts-estates-uniform-transfers-to-minors-act-accounting-interest-first-impression-attorneys-fees-speculative-investment/#comments Tue, 05 Jun 2012 18:47:20 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=62955 Belk v. Belk Where the Uniform Transfers to Minors Act is silent as to the contours of the accounting remedy provided for in G.S. § 33A-19(a) and (d), we hold that a trial court may award interest on funds wrongfully disbursed, representing the loss of appreciation on such funds.]]> http://nclawyersweekly.com/2012/06/05/trusts-estates-uniform-transfers-to-minors-act-accounting-interest-first-impression-attorneys-fees-speculative-investment/feed/ 0 http://nclawyersweekly.com/2012/05/17/trusts-estates-life-insurance-missing-person-declaration-of-death-civil-practice-appeals/ http://nclawyersweekly.com/2012/05/17/trusts-estates-life-insurance-missing-person-declaration-of-death-civil-practice-appeals/#comments Thu, 17 May 2012 15:22:42 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=62550 Dayton v. Dayton Where the trial court made a final finding under G.S. § 28C-11(a) that plaintiff’s missing person had suffered an accidental death, this was a final decree, and the defendant-insurance company neither appealed, nor timely filed a motion to amend.]]> http://nclawyersweekly.com/2012/05/17/trusts-estates-life-insurance-missing-person-declaration-of-death-civil-practice-appeals/feed/ 0 http://nclawyersweekly.com/2012/05/10/trusts-estates-wills-real-property-direction-to-sell-upset-bid-procedure-inapplicable/ http://nclawyersweekly.com/2012/05/10/trusts-estates-wills-real-property-direction-to-sell-upset-bid-procedure-inapplicable/#comments Thu, 10 May 2012 12:21:43 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=62379 Riggs v. Burns Since the testator’s will directed that his land be sold and the proceeds divided among his beneficiaries, the will vested title in the testator’s heirs – not the executrix – pending the sale. Therefore, G.S. § 28A-17-10 does not apply, and there was no requirement that the executrix’s private sale of the land be subject to the upset bid provisions of G.S. Chapter 1, Article 29A. We affirm judgment on the pleadings for defendants.]]> http://nclawyersweekly.com/2012/05/10/trusts-estates-wills-real-property-direction-to-sell-upset-bid-procedure-inapplicable/feed/ 0