Considering a question of first impression in the state, the North Carolina Court of Appeals has ruled that a trial court erred by ordering distributions from a disputed trust to some putative beneficiaries, but not others, and declining to ...

Tagged with: Trusts and Estates

Holding: Where plaintiff and her late husband entered into a post-marriage agreement pursuant to which they agreed to keep their property – including the husband’s Ashe County property – separate, plaintiff’s claim for the $397,872 that she contributed to building ...

Tagged with: Trusts and Estates

Falls v. Goldman Sachs Trust Co., N.A. (Lawyers Weekly No. 002-022-17, 24 pp.) (Louise Flanagan, J.) 5:16-cv-00740; E.D.N.C. Holding: After the decedent executed a will and trust drafted by attorney John Hine, the decedent executed another will drafted by a ...

Tagged with: Trusts and Estates

Hauser v. Hauser (Lawyers Weekly No. 011-055-17, 13 pp.) (Mark Davis, J.) Appealed from Forsyth County Superior Court (John Craig III, J.) N.C. App. Holding: North Carolina does not recognize a cause of action for tortious interference with an expected ...

Tagged with: Trusts and Estates

Estate of Schwarz v. Schwarz (Lawyers Weekly No. 020-011-17, 11 pp.) (James Gale, C.J.) 2016 NCBC 106 Holding: There are two sets of documents purporting to direct what happens when a limited liability company member dies. With regard to one ...

Tagged with: Trusts and Estates

Walter v. Walter (Lawyers Weekly No. 012-199-16, 14 pp.) (Valerie Zachary, J.) Appealed from Macon County Superior Court (J. Thomas Davis, J.) N.C. App. Unpub. Holding: In this case concerning heirs’ dispute over real property in Macon County, the complaint’s ...

Tagged with: Trusts and Estates