NC Fiduciary Litigation Commentary
Inheriting a parent’s home is one of the most common expectations in estate planning — and one of the most misunderstood. Many people assume that being named in a will means they will receive full ownership of the property. But some estate plans transfer only a life estate, which is a far more limited interest…
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When Patrick Steele died in 2022, he left behind a revocable trust directing that up to $5 million be distributed to “my nieces and nephews.” Simple enough — until nobody could agree on who that actually meant. His widow, acting as trustee, argued the phrase covered both his biological family and her family, twenty-nine people…
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Real estate deals move fast — and sometimes, the paperwork doesn’t keep up with the handshakes. In Charlotte’s booming commercial real estate market, it’s not uncommon for developers and dealmakers to operate on trust, verbal commitments, and a shared vision before any formal documents are signed. But when the relationship sours and someone claims they…
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In Port Trinitie Homeowners Association Inc. v. Port Trinitie Association Inc., 2025 NCBC 43, the North Carolina Business Court addressed a dispute involving: alleged breaches of condominium governing documents, statutory violations, breach of fiduciary duty, and ultra vires acts. The plaintiffs also sought a preliminary injunction. This case provides a useful reminder that while courts…
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On December 12, 2025, the North Carolina Supreme Court issued its decision in Gvest Real Estate, LLC (formerly Gee Real Estate, LLC) v. JS Real Estate Investments, LLC, et al.,affirming the North Carolina Business Court’s summary judgment order in a dispute over the ownership and management of Yards at NoDa, LLC. The case involved plaintiff…
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On November 25, 2025, the North Carolina Business Court issued an important opinion in Estevez v. C&S Commerce, LLC, reaffirming a principle that continues to shape limited liability company (“LLC”) disputes across the state: fiduciary duty waivers in LLC operating agreements are enforceable. The case serves as a pointed reminder that, in North Carolina, LLCs…
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Key Themes & Takeaways from This Year’s Rulings Fiduciary duty disputes continued to dominate the North Carolina Business Court docket in 2025, and this year’s decisions sent a clear message: fiduciary duties arise in narrow, well-defined circumstances — not merely because parties share an LLC, partnership, or contractual relationship. In case after case, the Court…
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The tragic case unfolding in Clovis, New Mexico — where 19-year-old Darren Munoz is accused of hiring a friend to murder his father and stepmother so he could allegedly secure an inheritance — highlights how dangerous financial misconceptions and family conflict can become. Investigators say Munoz believed his father owned a convenience-store franchise and that…
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High-profile estate disputes often expose how legally and emotionally complex things become when someone passes away without a will. The unfolding litigation surrounding the estate of Virginia Giuffre—best known as the most prominent accuser of Jeffrey Epstein—illustrates this all too well. After her death at age 41, Giuffre left behind significant wealth from her settlements…
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When conflicts arise — whether between business partners, shareholders, or family members — most people imagine the dispute heading straight for the courtroom. But in North Carolina, not every case needs to end in trial. In fact, the vast majority do not, even after a lawsuit is filed. Mediation offers an alternative path to resolution:…
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