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…
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…
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…
Disputes over a loved one’s will can be emotionally and legally complex. In North Carolina, a will can be contested during the probate process if there are legitimate concerns about its validity. Common reasons for challenging a will include lack of testamentary capacity, undue influence, duress, fraud, or improper execution. For families grappling with an…
When it comes to estate planning, two of the most common legal tools used to manage the distribution of assets are trusts and wills. While they share a similar goal—ensuring assets are passed on according to your wishes—they are fundamentally different in their structure and operation. A will is a legal document that dictates how…
The recent allegations surrounding Teresa Reveles, Richard Simmons’ longtime house manager and friend, have shed a disturbing light on the complexities of estate planning and the potential for conflict among trustees. Reveles, who served as Simmons’ house manager for 36 years, has filed a petition to be reinstated as a co-trustee of the late fitness…
Many Americans face uncertainty about handling a loved one’s bank account after death. Almost half of Americans don’t have a will, according to a Gallup poll. This can make things complicated for your loved ones when you’re gone. Having a will allows you to designate who inherits your assets, including your bank accounts. Many bank…
Famed Hollywood writer, director, and producer Aaron Sorkin is on the defending end of a lawsuit brought by Harper Lee’s estate. The estate alleges that his adaptation of the Pulitzer prize-winning “To Kill a Mockingbird” strays too far in the story and the development of some key characters from the original 1960 best selling book.…
If you have a will or have ever dealt with estate administration, you are probably familiar with the term “executor.” However, most people don’t know what an executor is or what the executor’s role is. Additionally, what do you do if you suspect an executor is behaving fraudulently or contrary…
Trusts can be terminated in a variety of ways. Trusts may be terminated because, over time, the goals of the trust become impossible to achieve. Last month, the Michigan Court of Appeals heard a case, Trupp v. Naughton, presenting such a scenario.[1] The case was based a trust created for…