Estate Litigation
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…
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Baucom’s Nursery Co., a family-owned business that has been a staple in Charlotte for over 75 years, is embroiled in a bitter legal battle. The lawsuit pits Amon (Chip) Baucom Jr.’s side of the family against Gary Baucom’s side, with accusations of fraud, embezzlement, and self-enrichment flying. The dispute centers around allegations of financial mismanagement…
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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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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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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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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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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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