NC Fiduciary Litigation Commentary
When most people think about court proceedings, they picture judges in a courtroom presiding over trials and hearings. In North Carolina, however, some of the most important legal decisions begin not with a judge—but with the Clerk of Superior Court. Under North Carolina law, clerks have original jurisdiction over specific types of matters, meaning those…
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A recent federal indictment in Detroit drew national attention to the risks vulnerable and incapacitated individuals can face when the systems designed to protect them are abused. Federal prosecutors allege that a Detroit district judge and three associates participated in a years-long scheme to embezzle funds from their court-appointed wards—individuals legally determined to lack the…
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Ten years ago, if you asked a kid what they wanted to be when they grew up, they would say something like ‘doctor’ or ‘astronaut.’ If you asked a kid the same question today, chances are they would say ‘influencer.’ Recently, kidfluencing has experienced a surge in popularity. If you’re unfamiliar with the term, kidfluencers…
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Conservatorships (in North Carolina they are known as guardianships) are meant to protect individuals who are unable to manage their own affairs, but the system is far from perfect. Over 1.3 million adults in the U.S. are under conservatorship, controlling a staggering $50 billion in assets. While these legal arrangements are often necessary for individuals…
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A recent high-profile case highlights the critical role conservatorships play in protecting individuals who are no longer capable of managing their affairs. According to a Forbes article, Forrest Preston, the 91-year-old founder of Life Care Centers of America (LCCA), lost control of his $3 billion nursing home empire after a Tennessee court deemed him mentally…
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Former host of the “Tonight Show” Jay Leno was granted conservatorship of his wife Mavis Leno’s estate on Tuesday. In a Los Angeles courtroom, the judge determined that the conservatorship would be “necessary and appropriate” for this case given that Mavis Leno has Alzheimer’s and experiences advanced dementia. According to the files released after the…
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An Orlando, Florida City Commissioner is accused of stealing hundreds of thousands of dollars from a 96-year-old woman. Orlando City Commissioner Regina Hill was arrested Thursday, March 28th, and is facing up to 180 years in prison for spending an elderly woman’s money on personal lifestyle changes. On Monday, Florida Governor Ron DeSantis announced the…
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On June 7, 2018, Buzz Aldrin, Presidential Medal of Freedom recipient and the second man to walk on the moon, filed a lawsuit against two of his children, Andrew and Janice Aldrin, and his former business manager, Christina Korp. The lawsuit responds to a May 2018 Florida Court filing in which Andrew Aldrin, Janice Aldrin,…
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Elder abuse refers to intentional or neglectful acts by a caregiver or associate of an elderly individual, which causes harm.[1] Financial elder abuse occurs when a trusted friend or family member obtains access to a senior’s financial accounts and uses the assets therein for personal gain. Unfortunately, this abuse is widespread in the United States…
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On September 20th, Liliane Bettencourt, the richest woman in the world died at age 94. Scandals of several types plagued the last years of her life and the lives of those around her going as far as alleged campaign contributions in great excess of the legal limit to former president of France, Nicolas Sarkozy. …
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