NC Fiduciary Litigation Commentary
A construction crew renovating a defunct brewery in Dendermonde, Belgium, drilled into what they assumed was a stash of one-euro coins. It wasn’t. Workers found 49 gold bars and more than 4,000 coins sealed inside a brick cellar, a cache worth an estimated $10 million with no paperwork and no obvious owner. Police secured the…
A jury summons in North Carolina starts with a name pulled from two lists: registered voters and licensed drivers. Each county’s Jury Commission draws from that combined pool at random, and the clerk mails a summons with instructions on when and where to report. Anyone at least 18, a resident of the county, and able…
Famous actor Chadwick Boseman died in August 2020. On July 17, his brothers, Derrick and Kevin, filed a petition in a Los Angeles court asking the judge to remove Boseman’s widow, Taylor Simone Ledward, as administrator of his estate. The reason, according to the filing: nearly six years after his death, and almost four years…
One year after Malcolm-Jamal Warner drowned in Costa Rica, his widow filed suit against his mother, who serves as successor trustee of his family trust, seeking more than $1.2 million. The claim is straightforward: Warner signed a prenuptial agreement promising to buy a $1,000,000 term life insurance policy naming his wife as beneficiary, pay her…
Every few months, a client calls convinced that a parent’s estate plan was obviously the product of manipulation. The plan changed late in life. It favored a caregiver, a new spouse, or one child over the others, and the family takes that unfairness as proof enough. It isn’t. North Carolina courts don’t ask whether a…
A competitor undercuts you using pricing information your former sales manager wasn’t supposed to have. A vendor doubles as your customer’s new supplier behind your back. A departing executive walks out with your client list and starts calling your accounts before his non-compete is even a week old. Business owners ask the same question in…
On June 1st, a Kendall County judge sentenced Karen Kay Hogan, a 69-year-old wills and trust attorney from San Antonio, to 20 years in prison for stealing over $500,000 from six children whose parents died in a murder-suicide three and a half years earlier. A Texas probate court appointed Hogan to administer both estates. She…
When people hear that a verdict was “overturned,” they picture a higher court deciding the lower court got it wrong and giving everyone a fresh start. That is not really how it works. A case is overturned when an appellate court reverses or vacates a lower court’s decision — but appellate courts are not in…
Inheriting a parent’s home is one of the most common expectations in estate planning — and one of the most misunderstood. Many people assume that being named in a will means they will receive full ownership of the property. But some estate plans transfer only a life estate, which is a far more limited interest…