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Tag Archives: trusts & estates

Civil Practice – Pleadings Amendment – Delay & Futility – Capacity to Sue – Trusts & Estates – Personal Representative – Statutes of Limitations – Tort/Negligence (access required)

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 ...

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Civil Practice – Judicial Admission – Real Property – Trusts & Estates (access required)

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.

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Trusts & Estates – Guardianship – Ward’s Death – Collector’s Appointment – Power of Attorney (access required)

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.

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Trusts & Estates – Guardianship – Ward’s Death – Collector’s Appointment – Power of Attorney (access required)

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.

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Trusts & Estates – Uniform Transfers to Minors Act – Accounting – Interest – First Impression — Attorney’s Fees – Speculative Investment (access required)

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.

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Trusts & Estates – Wills – Real Property – Direction to Sell – Upset Bid Procedure – Inapplicable (access required)

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.

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