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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Most of the world runs its legal systems on civil codes — comprehensive, systematically organized statutes that set out the law from first principles. France has its civil code. Germany has its Burgerliches Gesetzbuch. Spain, Italy, Japan, and most of Latin America follow variations of the same model. The United States does not. With the…
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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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A will is one of the most important legal documents a person can create, yet it is often one of the most overlooked. Many people assume they do not need one because they are young, do not have significant assets, or believe their family will “figure it out.” Unfortunately, that assumption can create unnecessary legal…
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NC Business Court Limits Chapter 75 in Operating Agreement Case In Castillo v. RRD Financial LLC, 2025 NCBC 53, the North Carolina Business Court addressed an issue that comes up frequently in business breakups: when does an internal operating agreement dispute rise to the level of an unfair or deceptive trade practice under Chapter 75?…
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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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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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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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