last will and testament
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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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…
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The North Carolina Court of Appeals recently released an opinion in the matter Brawley v. Sherrill. The parties were disputing the interpretation of a will, which provided per capita distribution of estate assets to the testator’s children, but per stirpes distribution to her grandchildren. What do these terms mean, and how do they work together…
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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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The law distinguishes between typewritten wills, typically prepared by an attorney, and those which are handwritten by oneself. Handwritten wills, known as holographic wills, must meet the statutory requirements set forth by N.C Gen. Stat. S 31-3.4 (2015). These requirements include: (1) the will must be written entirely by hand by the testator; (2) must…
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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In October the North Carolina Court of Appeals issued an unpublished opinion addressing the circumstances under which it is appropriate to grant a motion to dismiss in the context of a will caveat.[1] A caveat is a legal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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Earlier in September the North Carolina Court of Appeals highlighted the procedural difference between challenging the validity of a will through a caveat proceeding and resolving questions as to the construction of a will through an action for declaratory judgment.[1] …
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In 1960 Charles Pickelsimer (“Charles”) inherited significant stock holdings in a family telecommunications company.[1] Over the next 45 years, Charles gave his children and grandchildren stock certificates as gifts. When he sold the company in 2008 for $65 million, Charles and his children received significant cash distributions. In 2009, Charles…
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