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Trusts & Estates – Successor Trustee Election – Non-Family Positions
Yost v. Yost Since the terms of the non-family member trustees have all expired, the successor trustees for these positions are to be elected by the three family member trustees. The board of trustees can stagger the non-family member trustees’ terms or the trust protectors can amend the trust to prevent this situation from recurring.
Attorneys – Fee Award – ‘Costs’ – Post-Judgment Interest – Unavailable – Trusts & Estates
Nexsen Pruet, PLLC v. Martin Attorneys’ fees awarded as costs against an estate do not bear interest. We affirm summary judgment for defendants. In 2005, the plaintiff-law firm was awarded $150,259 in attorney’s fees and expenses from the estate of John Van Lindley. The firm received a $150,259 check on behalf of the estate in 2009. The firm sought four years’ worth of inte[...]
Trusts & Estates – Statute of Limitations – Claim Against Estate – Denial – 3-Month Time Limit
Wesley Chavis Jr., Funeral Home v. Estate of Radcliffe. Even though, when she closed the estate, the administratrix filed an affidavit saying she would address any claim by the funeral home in court, this did not . . .
Trusts & Estates – Wills – Executor – Commission – Clerk’s Discretion
In re Estate of Slick (Lawyers Weekly No. 11-16-0360, 9 pp.) (John C. Martin, Ch.J.) Appealed from Forsyth County Superior Court. (William Z. Wood Jr., J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: The testator’s will made no provision for commissions for its executors. In determining the amount of […]
Trusts & Estates – Corporate – Stock Sale – Valuation – Fiduciary Duty – Non-beneficiaries
Ruth Cook Blue Living Trust v. Blue. (Lawyers Weekly No. 11-15-0301, 11 pp.) (John R. Jolly Jr., J.) N.C. Bus. Ct. Click here to read the full text of the opinion. Holding: The court-appointed accountant correctly valued the stock by considering respondents as individuals – as they are – rather than a single entity, although […]
Trusts & Estates – Statute of Limitations – Non-Claim Statute – Personal Injury – Service – Summons – Notice
Boyd v. Sandling. The plaintiff brought suit against the defendant both in her individual capacity and as executor of the estate of the decedent both within three years of the decedent's death . . .
Trusts & Estates – Ademption – Partnership – Holographic Will – Intestate Succession
Stanford v. Paris. The testator's gift of his stock, which became the same proportional interest in the same assets upon their transfer from a dissolved corporation to a partnership, did remain in his estate in specie as personal property at the time of his . . .
Trusts & Estates – Costs – Attorney’s Fees – Attempted Probate – No Statutory Authority
In re Estate of Fortner. (Lawyers Weekly No. 10-16-1109, 4 pp.) (Cressie H. Thigpen Jr., J.) Appealed from Swain County Superior Court. (James L. Baker Jr., J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: This was an action to determine the legal status of a paper writing and then […]
Trusts & Estates – Wills – Omitted Son – Sibling as Fiduciary – Holographic Codicil
Hughes v. Craddock. When no evidence is forecast regarding fraud, breach of duty or inequitable conduct, a constructive trust is inappropriate. The fact that property is transferred to an heir is not sufficient to support allegations that the child convinced her mother to make the transfer or that the action was done to circumvent Medicaid rules. Summary judgment for defendants Lois and [...]
Trusts & Estates – Trust – Beneficiaries – Necessary Parties – Rule 19
Hasselman v. Barnes. (Lawyers Weekly 10-07-0954, 5 pp.) (Donna S. Stroud, J.). Appealed from New Hanover County Superior Court (Jay D. Hockenbury, J.). N.C. App. Click here for the full text of the opinion. Holding: The trial court erred in granting partial summary judgment to the plaintiff because four beneficiaries whose interests will be affected by […]
LegalZoom: Scourge or partner? Depends whom you ask
Gregory Herman-Giddens was at the annual meeting of the Chatham County Chamber of Commerce when a young woman approached him. "She said she had a 2-year-old daughter and a second child on the way," Herman-Giddens said. "She said she needed to get a will done and was thinking of doing it online. She asked me what I thought about that." The Chapel Hill estate-planning attorney admitted that he was b[...]
Trusts & Estates – Wills – Undue Influence – Evidence – Dead Man’s Statute – Opening the Door – Other Evidence – Jury Instructions – Fiduciary Duty
In re Will of Baitschora. (Lawyers Weekly No. 10-07-0921, 28 pp.) (Robert N. Hunter Jr., J.) Appealed from Durham County Superior Court. (James E. Hardin, J.) N.C. App. Holding: Even though caveator’s counsel did not ask any questions that required caveator to testify about conversations he had with the testatrix, since caveator’s answers nonetheless included […]
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