fraud
This past Monday, June 10th, North Carolina state insurance regulators extended their financial watch over the local Charlotte retirement community Aldersgate, continuing state supervision that started in August of 2023. The North Carolina Department of Insurance stated the reason for this was that Aldersgate was “insolvent or in imminent danger of becoming insolvent.” This comes…
Read More
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…
Read More
Famous TV doctor Mehmet Oz—better known as “Dr. Oz”—recently accused his sister, Nazlim, of forging their late father’s will and stealing millions from his estate. A 2008 will left all of Mustafa Oz’s assets to the Mustafa Oz Foundation, a United States organization, and left Dr. Oz in charge of the foundation; however, Nazlim presented a…
Read More
What is Fraud? Fraud is broadly defined as an intentional misrepresentation or concealment of material fact made with intention and calculation to deceive, causing the other party to be deceived and, as a result, harmed. Elements In North Carolina, a civil claim of fraud has five essential elements. A false representation…
Read More
The recent North Carolina Court of Appeals decision in LaMarre v. Martinez addresses an action to quiet title between parties to a real property transaction. Specifically, the court provides guidance for determining the applicable statute of limitations. Actions to Quiet Title In North Carolina, an action to quiet title may be brought to…
Read More
Several causes of action may be pled in conjunction with a claim for breach of fiduciary duty, depending on the facts and circumstances surrounding the case. Attorneys should consider the following claims when filing a breach of fiduciary duty cause of action and determine which, if any, also apply to their clients:…
Read More
This is the first of a four-part series examining trustee’s fiduciary duties and the circumstances that could result in litigation. To begin, we will discuss basic principles that will lay a groundwork to inform our larger discussion. What is a Trust and a Trustee?[1] …
Read More
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…
Read More
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…
Read More