Brown v. Brown (Lawyers Weekly No. 012-154-16, 20 pp.) (Lucy Inman, J.) Appealed from Mecklenburg County Superior Court (John Bowers, J.) N.C. App. Unpub. Holding: Before she qualified as decedent’s personal representative, plaintiff (1) filed a lawsuit on the decedent’s ...

Tagged with: trusts & estates

Turner v. Hammocks Beach Corp. Where the N.C. State Board of Education made judicial admissions disclaiming any interest in a trust that administers real property in Onslow County, and where the Board admitted that it “may not serve as successor trustee,” the trial court should not have appointed the Board as trustee of the trust.

Tagged with: Civil Practice Real Property trusts & estates

Hankins v. Bartlett: A father’s memorandum that he had sold his business and its “assets” to his daughter and son-in-law was insufficient to transfer title of the land on which the business sits.

Tagged with: Real Property statute of frauds trusts & estates

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.

Tagged with: mortgages Real Property trusts & estates Wills

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.

Tagged with: Guardianship power of attorney trusts & estates

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.

Tagged with: Guardianship power of attorney trusts & estates

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.

Tagged with: appeals Civil Practice trusts & estates Wills

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.

Tagged with: attorney's fees first impression Interest trusts & estates

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.

Tagged with: appeals Civil Practice life insurance trusts & estates

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.

Tagged with: Inapplicable Real Property trusts & estates Wills