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trusts & estates

Jul 21, 2011

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.

Jun 24, 2011

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[...]

Apr 25, 2011

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 . . .

Apr 18, 2011

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 […]

Mar 25, 2011

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 […]

Mar 16, 2011

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 . . .

Jan 6, 2011

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 . . .

Nov 22, 2010

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 […]

Nov 10, 2010

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 [...]

Oct 5, 2010

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 […]

Oct 1, 2010

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[...]

Sep 23, 2010

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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