A caveat alleged that propounder – the decedent’s brother – unduly influenced the decedent and that the decedent lacked testamentary capacity at the time she executed the will, which left the decedent’s property to propounder rather than to her two ...

Tagged with: Trusts and Estates

When defendant Robert Jackson killed his wife, Lena Jackson, the couple’s trust became both irrevocable and spendthrift. Lena’s estate may not pierce the spendthrift provision of the trust so as to execute on the $500,000 wrongful death judgment obtained against ...

Tagged with: Trusts and Estates

  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