NC Fiduciary Litigation Commentary
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…
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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…
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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…
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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…
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Artificial intelligence has quickly become a common tool for drafting emails, summarizing legal concerns, and even helping clients formulate questions before contacting an attorney. While these tools may seem convenient, their use can create significant legal issues when sensitive information is involved. Courts are increasingly treating AI prompts, outputs, and system logs as electronically stored…
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A will is one of the most important legal documents a person can create, yet it is often one of the most overlooked. Many people assume they do not need one because they are young, do not have significant assets, or believe their family will “figure it out.” Unfortunately, that assumption can create unnecessary legal…
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A conflict of interest arises when a lawyer’s ability to represent a client is compromised — or could be compromised — by competing duties, relationships, or personal interests. The American Bar Association’s Model Rule 1.7 defines a “concurrent conflict of interest” as occurring when a lawyer’s representation is directly adverse to another client, or when…
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The recent court battle over the estate of Tony Hsieh, former CEO of Zappos, reads more like a legal thriller than a probate case. After Hsieh’s death in 2020 without a known will, his $500 million estate was expected to pass to his parents under intestacy laws. Then, years later, a seven-page “surprise will” arrived…
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NC Business Court Limits Chapter 75 in Operating Agreement Case In Castillo v. RRD Financial LLC, 2025 NCBC 53, the North Carolina Business Court addressed an issue that comes up frequently in business breakups: when does an internal operating agreement dispute rise to the level of an unfair or deceptive trade practice under Chapter 75?…
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In Port Trinitie Homeowners Association Inc. v. Port Trinitie Association Inc., 2025 NCBC 43, the North Carolina Business Court addressed a dispute involving: alleged breaches of condominium governing documents, statutory violations, breach of fiduciary duty, and ultra vires acts. The plaintiffs also sought a preliminary injunction. This case provides a useful reminder that while courts…
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