NC Fiduciary Litigation Commentary

Lord & Lindley - Lawyers in Charlotte NC

Accelerating Estate Disputes: the Living Probate Option

June 29, 2016

          North Carolina joins four other states in providing a path to ensure decedents’ assets are distributed according to their wishes upon death.[1]  The North Carolina General Assembly recently enacted legislation amending statutes regarding estate administration by adding a procedure for “living probate.”  This action is usually commenced by a testator…

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North Carolina Business Court Enforces Arbitration Agreement Prohibiting Discovery, Live Testimony, and a Full Hearing

February 24, 2016

          In a January 2016 (unpublished) order, the North Carolina Business Court (NCBC) enforced a contract provision compelling arbitration and prohibiting any discovery prior to the arbitration.[1]             In Taggart v. Physicians Pharmacy Alliance, Inc., James Taggart sold his business, Physicians Pharmacy Alliance, Inc. (“PPA”), in…

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Powers Of Attorney: General Considerations

July 29, 2015

          While many people recognize the term “power of attorney,” most do not know how to create a valid power of attorney or choose between the various considerations.  It is important to prepare safeguards to protect current and future assets long before one faces severe illness or incapacity.  A power of…

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