North Carolina Lawyers Weekly
Honeycutt v. Weaver (Lawyers Weekly No. 011-030-18, 18 pp.) (Rick Elmore, J.) Appealed from Forsyth County Superior Court (Susan Bray, J.) N.C. App.
Holding: In 2005, five years before the parties’ mother passed away, the defendant-daughter – the mother’s attorney-in-fact – transferred the mother’s real property to herself. Since there is no indication that the mother was incompetent or unaware of the transfer, any breach of fiduciary duty claim expired in 2015, and the plaintiff-son’s 2016 claim is barred by the 10-year statute of limitations.
We affirm the superior court’s dismissal of the son’s claims.
G.S. § 1-24 did not toll the statute of limitations because plaintiff’s claims did not constitute a controversy regarding the probate of a will or granting of letters testamentary.
Finally, the son’s conversion claim accrued when the mother died in 2010 and the daughter took all of the mother’s personal property for herself. The son’s 2016 claim is barred by the three-year statute of limitations.
