NC Fiduciary Litigation Commentary
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…
Read MoreThe recent court battle over the estate of Tony Hsieh, former CEO of Zappos, reads more like a legal thriller than a probate case. After Hsieh’s death in 2020 without a known will, his $500 million estate was expected to pass to his parents under intestacy laws. Then, years later, a seven-page “surprise will” arrived…
Read MoreWhen 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…
Read MoreA $500 million fortune. A mysterious will. And a stunned family left scrambling to understand what’s real. That’s the current saga surrounding late Zappos founder Tony Hsieh’s estate. Hsieh’s relatives believed he died without a will — until a man named Kashif Singh suddenly appeared, claiming he found one among his late grandfather’s belongings. The…
Read MoreCollectibles often tell a story far richer than their price tag suggests. Whether it’s a Super Bowl ring, a vintage comic collection, or a signed baseball bat, these items can hold enormous sentimental and financial value. But when someone passes away without a clear estate plan, such prized possessions can become flashpoints in family disputes.…
Read MoreDisputes over a loved one’s will can be emotionally and legally complex. In North Carolina, a will can be contested during the probate process if there are legitimate concerns about its validity. Common reasons for challenging a will include lack of testamentary capacity, undue influence, duress, fraud, or improper execution. For families grappling with an…
Read MoreThe unexpected death of singer Liam Payne shocked fans around the world. But the legal aftermath may prove just as unsettling—Payne reportedly passed away without a will, leaving behind an estate estimated at £24,279,728 (about $32 million). According to court documents, his estate now faces the complex process of intestate succession, where English and Welch…
Read MoreWhen it comes to estate planning, two of the most common legal tools used to manage the distribution of assets are trusts and wills. While they share a similar goal—ensuring assets are passed on according to your wishes—they are fundamentally different in their structure and operation. A will is a legal document that dictates how…
Read MoreMany Americans face uncertainty about handling a loved one’s bank account after death. Almost half of Americans don’t have a will, according to a Gallup poll. This can make things complicated for your loved ones when you’re gone. Having a will allows you to designate who inherits your assets, including your bank accounts. Many bank…
Read MoreSinger and television personality Marie Osmond recently announced she would not be leaving her fortune to her children. Individuals are free to incorporate decisions to disinherit heirs, as Marie Osmond did, in their estate plans; however, this often leads to litigation after the individual passes away. Litigation over an estate can be particularly difficult and…
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