Estate Litigation

Lord & Lindley - Lawyers in Charlotte NC

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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What Is a Will Caveat?

January 2, 2020

A will caveat is a special proceeding in which parties can challenge the validity of a document purporting to be the last will and testament of the decedent.  The question to be answered is whether the purported will is valid.  As a result, admissible evidence and potential remedies are limited to a determination of that…

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‘I Say a Little Prayer’ that Aretha Franklin’s children have ‘Respect’ and Are Not a ‘Chain of Fools’

August 29, 2018

American singer and songwriter Aretha Franklin passed away on August 16 at the age of 76 after battling advanced pancreatic cancer. In the days following her passing, her four sons filed documents with the Michigan Probate Court stating that Aretha passed without a will or trust, and claimed to be interested parties in her estate.…

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Changing Domicile: How Mental Capacity Factors In

October 19, 2016

            Domicile is a relatively straight forward legal concept that combines the place where a person permanently resides with where he intends to remain.  However, what happens when a person who has been adjudicated incompetent desires to permanently move. Can he possess the requisite intent to change his domicile in…

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Four Legal Documents Dementia Patients Should Have in Place

July 6, 2016

      A diagnosis of dementia, which includes Alzheimer’s disease and other memory loss and/or cognitive reasoning disorders, is potentially devastating for both the patient and their family. Following a dementia diagnosis, it is important to execute these four essential planning documents to avoid further hardship in the form of costly court battles. (1)…

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