In Re: Estate of Reeder The clerk’s order was predicated upon a misapprehension about the meaning of the term “separation” in an agreement between the parties, interpreting it to mean “legal separation.” The clerk granted the spouse’s request to be awarded an elective share based upon this misapprehension.
The trial court’s order affirming the clerk’s order is reversed, with instructions to remand this case to the clerk.
Yost v. Yost Since the terms of the non-family member trustees have all expired, the successor trustees for these positions are to be elected by the three family member trustees. The board of trustees can stagger the non-family member trustees’ terms or the trust protectors can amend the trust to prevent this situation from recurring.
In re Estate of MangumA parenting agreement satisfies the requirements of G.S. § 29-19, and petitioner is the heir of his biological daughter.
We affirm the superior court's order upholding the clerk's determination that petitioner is the decedent's heir.
G.S. § 29-19(b)(2) and (c) state, "(b) For purposes of intestate succession, an illegitimate child shall be entitled to take by, through and from: ... (2) Any person who has acknowledged himself during his own lifetime and the child's lifetime to be the father of such child in a written instrument executed or acknowledged before a certifying officer named in G.S. 52-10(b) and filed during his own lifetime and the child's lifetime in the office of the clerk of superior court of the county where either he or the child resides.....
In re Estate of Militana Even though caveator argued the trial court's attorneys' fee awards would deplete the estate, there was conflicting evidence as to the size of the estate.
Wesley Chavis Jr., Funeral Home v. Estate of Radcliffe. Even though, when she closed the estate, the administratrix filed an affidavit saying she would address any claim by the funeral home in court, this did not . . .
In re Estate of Slick (Lawyers Weekly No. 11-16-0360, 9 pp.) (John C. Martin, Ch.J.) Appealed from Forsyth County Superior Court. (William Z. Wood Jr., J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: The testator’s will made no provision for commissions for its executors. In determining the amount of [...]
Ruth Cook Blue Living Trust v. Blue. (Lawyers Weekly No. 11-15-0301, 11 pp.) (John R. Jolly Jr., J.) N.C. Bus. Ct. Click here to read the full text of the opinion. Holding: The court-appointed accountant correctly valued the stock by considering respondents as individuals – as they are – rather than a single entity, although [...]
Boyd v. Sandling. The plaintiff brought suit against the defendant both in her individual capacity and as executor of the estate of the decedent both within three years of the decedent's death . . .
Stanford v. Paris. The testator's gift of his stock, which became the same proportional interest in the same assets upon their transfer from a dissolved corporation to a partnership, did remain in his estate in specie as personal property at the time of his . . .
In re Estate of Fortner. (Lawyers Weekly No. 10-16-1109, 4 pp.) (Cressie H. Thigpen Jr., J.) Appealed from Swain County Superior Court. (James L. Baker Jr., J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: This was an action to determine the legal status of a paper writing and then [...]
