Probate
Collectibles 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.…
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Disputes 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…
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The 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…
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When 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…
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Many 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…
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Singer 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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This is the first of a four-part series examining trustee’s fiduciary duties and the circumstances that could result in litigation. To begin, we will discuss basic principles that will lay a groundwork to inform our larger discussion. What is a Trust and a Trustee?[1] …
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Losing a loved one is an emotional and difficult time, even without handling the legalities and formalities of the deceased’s affairs. When you find yourself responsible for handling the deceased’s business at the end of death, where do you start? This post aims to explain the basics of probate, how…
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If you have a will or have ever dealt with estate administration, you are probably familiar with the term “executor.” However, most people don’t know what an executor is or what the executor’s role is. Additionally, what do you do if you suspect an executor is behaving fraudulently or contrary…
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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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