Fiduciary Litigation
A fiduciary duty is a legal obligation to act in the best interests of another person. This duty arises in relationships where one party trusts another to act with honesty and loyalty. These duties can arise by operation of law (de jure) or based on the facts and circumstances of a relationship (de facto). Common…
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Trust and estate litigation is a complex legal area concerned with disputes surrounding the management, administration, and distribution of assets. These disputes can arise from various issues, including the validity of a will, the interpretation of trust documents, or the actions of executors and trustees. Understanding the fundamental concepts is crucial for anyone involved in…
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The North Carolina Unfair and Deceptive Trade Practices Act (UDTPA) is a powerful statute that is designed to protect consumers and businesses from unfair or deceptive acts, including false advertising, bait-and-switch tactics, and deceptive collection practices. To state a claim under the UDTPA, a plaintiff must allege three elements: The UDTPA allows for the recovery…
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The recent passing of iconic actor John Amos sparked a family feud over his will. His daughter, Shannon Amos, is alleging that her brother, K.C., and others colluded to manipulate their father’s estate. According to Shannon, John was diagnosed with Lewy body dementia in 2016, a condition that gradually impaired his cognitive abilities. She claims…
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In a surprising twist, a toy tycoon is suing an estate agent for allegedly concealing the identity of the buyer for his $79 million mansion. The seller, Leo Kryss, claims he would have demanded a higher price if he had known the buyer was none other than Jeff Bezos, the world’s second-richest person. The property,…
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The recent allegations surrounding Teresa Reveles, Richard Simmons’ longtime house manager and friend, have shed a disturbing light on the complexities of estate planning and the potential for conflict among trustees. Reveles, who served as Simmons’ house manager for 36 years, has filed a petition to be reinstated as a co-trustee of the late fitness…
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Obtaining a judgment in North Carolina is often just the first step in the legal process. While obtaining a judgment provides the right to funds owed, the real challenge lies in collecting the money owed. Unfortunately, many debtors don’t voluntarily fulfill their obligations. This article will guide you through the intricate process of judgment execution…
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Because of how significant the consequences can be and in response to past abuses by lenders, lawmakers have implemented significant regulations governing foreclosures. One term you may encounter in North Carolina is “power of sale foreclosure,” which is a nonjudicial foreclosure that is by far the most common foreclosure action in the state. This clause…
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In a significant blow to the Federal Trade Commission (FTC), a federal district court in Texas ruled that the agency overstepped its authority in issuing a ban on most non-compete agreements. The court’s decision, issued on August 20, 2024, invalidated the FTC’s Final Rule, which was set to take effect on September 4, 2024. The…
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Finding reliable tenants is crucial for landlords, but it’s essential to balance this goal with adhering to fair housing laws. Improper tenant screening can lead to legal issues and costly vacancies. To ensure a smooth process, landlords must understand the guidelines and implement effective screening practices. The Fair Housing Act prohibits discrimination based on race,…
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