NC Fiduciary Litigation Commentary
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…
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A $500 million fortune. A mysterious will. And a stunned family left scrambling to understand what’s real. That’s the current saga surrounding late Zappos founder Tony Hsieh’s estate. Hsieh’s relatives believed he died without a will — until a man named Kashif Singh suddenly appeared, claiming he found one among his late grandfather’s belongings. The…
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The recent passing of wrestling legend Hulk Hogan, born Terry Bollea, has left fans mourning around the world—and revealed a striking family decision behind the scenes. According to Yahoo News, Hogan’s daughter, Brooke Hogan, requested to be completely removed from her father’s will in 2023, over a year before his sudden death at 71. Her…
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On April 10, 2024, Orenthal James Simpson (O.J. Simpson) passed away at the age of 76. This event reignited a decades-old civil case stemming from the 1994 murders of Nicole Brown Simpson and Ron Goldman. In 1997, a civil jury found Simpson liable for their deaths and ordered him to pay a staggering $33.5 million…
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In today’s technology driven world it seems our phones are attached to our hips whether we like it or not. We are driven by the accessibility and connection that these tiny machines provide us. But what right do you have regarding your phone after your death? In March, Florida police pulled over Linus Phillips for…
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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.…
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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…
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What is fiduciary litigation? Fiduciary litigation encompasses a wide range of legal actions including, without limitation, trust and estate litigation, will contests (also referred to as caveat proceedings), breach of individual and corporate fiduciary duty claims, and guardianship proceedings. Fiduciary litigation is becoming increasingly relevant as the baby boomer generation continues to age. …
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Wills must meet several basic requirements to be valid and enforceable under state law. If any of the below factors are at work, then a will’s validity may be challenged. (1) Undue Influence Undue influence exists when a person uses coercion to influence the…
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In October the North Carolina Court of Appeals issued an unpublished opinion addressing the circumstances under which it is appropriate to grant a motion to dismiss in the context of a will caveat.[1] A caveat is a legal challenge to the probate of a will when there is confusion or…
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