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Tag Archives: trusts & estates

Trusts & Estates – Wills – Omitted Son – Sibling as Fiduciary – Holographic Codicil (access required)

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 Allen Levine is affirmed.

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LegalZoom: Scourge or partner? Depends whom you ask (access required)

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 biased. "But when you think of what your family is worth to you and the money you spend to make sure your children are well-cared-for, yet you choose the very cheapest method of providing for the future financial protection of your children instead of spending a few hundred dollars and going to an expert, that is shortsighted," he said.

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Trusts & Estates – Wills – Undue Influence – Evidence – Dead Man’s Statute – Opening the Door – Other Evidence – Jury Instructions – Fiduciary Duty (access required)

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 ...

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Trusts & Estates – Evidence – Rule 601(c) – Waiver – Summary Judgment (access required)

Weeks v. Jackson. Because an executor did not seek to elicit evidence of oral communications between the defendants and decedent, and therefore did not waive the protection afforded by N.C. R. Evid. 601(c), the trial court properly granted the executor's motions to strike the defendants' affidavit and granted summary judgment in favor of the plaintiff.

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Trusts & Estates – Attorney’s Fees – Clerk’s Order – Appeals – Delays (access required)

Strickland v. Strickland. The petitioner-attorney requested a significantly higher fee than the clerk of court had ever seen, the attorney did not accept the clerk's offer of a hearing regarding the fees, and the attorney waited more than three weeks to fulfill the clerk's request for a detailed affidavit of attorney's fees. Even though the attorney requested fees of $14,513, the superior court did not err in affirming the clerk's attorney's fee award of $3,500.

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