NC Fiduciary Litigation Commentary
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…
Business relationships fall apart. When they do, the first question we ask isn’t “what happened?” It’s “what kind of entity are you dealing with?” People use “shareholder dispute” and “partnership dispute” interchangeably. They shouldn’t. The entity structure determines the legal framework — which means it determines your rights, your remedies, and your realistic path forward.…
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…
Most of the world runs its legal systems on civil codes — comprehensive, systematically organized statutes that set out the law from first principles. France has its civil code. Germany has its Burgerliches Gesetzbuch. Spain, Italy, Japan, and most of Latin America follow variations of the same model. The United States does not. With the…
When Patrick Steele died in 2022, he left behind a revocable trust directing that up to $5 million be distributed to “my nieces and nephews.” Simple enough — until nobody could agree on who that actually meant. His widow, acting as trustee, argued the phrase covered both his biological family and her family, twenty-nine people…
Real estate deals move fast — and sometimes, the paperwork doesn’t keep up with the handshakes. In Charlotte’s booming commercial real estate market, it’s not uncommon for developers and dealmakers to operate on trust, verbal commitments, and a shared vision before any formal documents are signed. But when the relationship sours and someone claims they…