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Lord & Lindley - Lawyers in Charlotte NC

Recent Changes to North Carolina’s Trusts and Estates Statutes Now Allow Living Probate for Trusts in Addition to Wills

December 7, 2021

Probate is a judicial procedure through which the validity of a testamentary document is established.  Typically, probate occurs after the testator dies.  However, some states allow for “living probate,” in which the validity of the testamentary document is established while the testator is still alive.  A living probate, therefore, can limit the likelihood that the…

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Tennessee Court Of Appeals Determines Handwritten Note in Bible Legally Amended Will—would a North Carolina Court Reach the Same Result?

November 17, 2021

The Tennessee Court of Appeals in Nashville recently held that a decedent’s handwritten note in a Bible—which belonged to a close friend but was found among the decedent’s personal effects after her death—constituted a valid codicil that amended her will.  A codicil is “[a] written amendment or addition to an existing will,” and, as with…

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No Contest Clauses in Wills: What Are They, and Does North Carolina Enforce Them?

November 9, 2021

When you create an estate plan, you plan out how you want your assets to be distributed after you die.  However, what many people do not plan for in creating their estate plans is the possibility of someone challenging their will later on, for example, by arguing you lacked the testamentary capacity required to create…

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Alex Murdaugh Facing Felony Charges and Denied Bond for Stealing $3 Million Settlement From Lawsuit He Orchestrated Against Himself

October 26, 2021

Now-suspended South Carolina attorney Alex Murdaugh has been ever-present in the news lately regarding a string of suspicious deaths and illegal activity.  After the still-unsolved double homicide of his wife and son in early June, Murdaugh’s resignation from his law firm amid allegations of misappropriation of client funds, an apparent botched suicide-for-hire plot in early…

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Changes to North Carolina’s Statutes Lower the Bar for Valid Holographic Wills

September 29, 2021

When it comes to end of life planning, ideally you will consult an attorney to assist you in preparing your estate plan.  However, not everyone has access to legal help, and people might find themselves in a situation in which there is insufficient time to consult an attorney, such as in the case of rapidly…

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NFL Player Michael Thomas Sues Landlord for $1m Over Issues With His $60k-per-month Rental House

September 9, 2021

Michael Thomas, a wide receiver for the New Orleans Saints, is suing his landlord for over $1 million regarding a 9,800-square-foot house he rented in Bel Air, California.  The house had six bedrooms, eight bathrooms, a gym, and a pool, and Thomas committed to rent the property for $60,000 per month for two months during…

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Recent Changes to the North Carolina Wage and Hour Act

September 2, 2021

The North Carolina Wage and Hour Act is codified at N.C. Gen. Stat. § 95‑25.1 et seq. and governs employment-related topics such as minimum wage, overtime, youth employment, wage payment, payment to separated employees, wages in dispute, withholding of wages, vacation pay plans, and notice and recordkeeping requirements.  Both employers and employees should be familiar…

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Kendall Jenner Sued for Breach Of Contract for Skipping a Photo Shoot During the Covid 19 Pandemic: Does She Have a Valid Defense?

August 26, 2021

Reality show icon, fashion model, and now “defendant”—Kendall Jenner was recently sued for $1.8 million by Italian fashion company Liu Jo for allegedly breaching a modeling contract.  The lawsuit, filed in the U.S. District Court for the Southern District of New York, claims Jenner agreed to appear in two photo shoots but only participated in…

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The North Carolina Motor Vehicle Repair Act—know Your Rights

August 18, 2021

Have you ever received a bill for an amount that was completely unexpected?  Or worse—you obtain a quote for a service, and then the company charges you well above the quoted price, tacking on fees and trying to explain away the discrepancy.  We’ve all been there.  However, when it comes to your car repairs, you…

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U.S. Government Sells Wu-tang Clan Album to Anonymous Buyer for an Undisclosed Amount After Seizing It to Satisfy a Criminal Forfeiture—can They Do That?

August 5, 2021

Wu-Tang Clan, the Staten Island based group known for pioneering their own style of hip-hop, made headlines in 2014 upon revealing the existence of a secret album entitled Once Upon A Time In Shaolin, only one copy of which would ever be produced.  Wu-Tang envisioned the album as a piece of fine art and a…

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