NC Fiduciary Litigation Commentary
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 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…
The tragic case unfolding in Clovis, New Mexico — where 19-year-old Darren Munoz is accused of hiring a friend to murder his father and stepmother so he could allegedly secure an inheritance — highlights how dangerous financial misconceptions and family conflict can become. Investigators say Munoz believed his father owned a convenience-store franchise and that…
Collectibles often tell a story far richer than their price tag suggests. Whether it’s a Super Bowl ring, a vintage comic collection, or a signed baseball bat, these items can hold enormous sentimental and financial value. But when someone passes away without a clear estate plan, such prized possessions can become flashpoints in family disputes.…
A recent legal filing by Jane Buffett, the widow of beloved musician Jimmy Buffett, sheds light on just how emotionally and legally complex estate matters can become—even when a trust exists. According to a Yahoo News article, Jane has filed a lawsuit seeking to remove accountant Richard Mozenter as co-trustee of the late singer’s $275…
Did you know that approximately 7 out of 10 Americans don’t have a will? Despite having vast wealth and resources, even some of the world’s most famous celebrities fail to create a proper estate plan. The consequences? Years of legal battles, family disputes, and unnecessary financial losses. A prime example is Prince, whose $156 million…
Estate litigation often involves complex disputes where attorneys who drafted estate documents may be called to testify. Whether it’s to explain the intent behind a will’s provisions or clarify the circumstances of its creation, lawyers play a critical role in resolving these disputes. The North Carolina State Bar’s 2024 Formal Ethics Opinion 3 outlines important…
A bombshell report from The New York Times has unveiled a bitter, behind-the-scenes struggle for control of the Murdoch media empire. At the center of this drama, reminiscent of HBO’s hit show, Succession, is 93-year-old media mogul Rupert Murdoch, who is locked in a legal battle with three of his children over the future of…
The legal wrangling surrounding the estate of music legend Prince continues. According to a recent Associated Press article, a Delaware judge has rejected a motion to dismiss a lawsuit filed by Prince’s former business advisors, L. Londell McMillan and Charles Spicer Jr. At the heart of the dispute is a limited liability company (LLC) established…
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…