Trust

Lord & Lindley - Lawyers in Charlotte NC

Understanding the Basics of Trust and Estate Litigation

November 5, 2024

Trust and estate litigation is a complex legal area concerned with disputes surrounding the management, administration, and distribution of assets. These disputes can arise from various issues, including the validity of a will, the interpretation of trust documents, or the actions of executors and trustees. Understanding the fundamental concepts is crucial for anyone involved in…

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A Family Feud for the Ages: The Murdoch Empire in Turmoil

August 2, 2024

A bombshell report from The New York Times has unveiled a bitter, behind-the-scenes struggle for control of the Murdoch media empire. At the center of this drama, reminiscent of HBO’s hit show, Succession, is 93-year-old media mogul Rupert Murdoch, who is locked in a legal battle with three of his children over the future of…

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Aunt Bee Trust Fund

February 21, 2019

Many remember the fictional town of Mayberry, the setting for The Andy Griffith Show.  Less commonly known, however, is that Mayberry is modeled after Mt. Airy, a small North Carolina town near the Virginia boarder.  Frances Bavier, the actress who portrayed Aunt Bee Taylor in the hit television show, recently passed away, and spent the…

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Testamentary Capacity and Undue Influence

January 30, 2019

In 2015 and 2016, media magnate Sumner Redstone amended his trust, which was challenged by former companion Manuela Herzer.  A California court recently ruled that Mr. Redstone possessed the required mental capacity to amend his estate plan. In North Carolina, whether an individual is a billionaire business mogul or anyone else, the requirements for testamentary…

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Breach of Trustees’ Fiduciary Duty – Part 1: General Considerations

November 10, 2016

          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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Four Legal Documents Dementia Patients Should Have in Place

July 6, 2016

      A diagnosis of dementia, which includes Alzheimer’s disease and other memory loss and/or cognitive reasoning disorders, is potentially devastating for both the patient and their family. Following a dementia diagnosis, it is important to execute these four essential planning documents to avoid further hardship in the form of costly court battles. (1)…

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John C Lindley III

Six Ways to Challenge a Will’s Validity

June 15, 2016

          Wills must meet several basic requirements to be valid and enforceable under state law.  If any of the below factors are at work, then a will’s validity may be challenged.   (1) Undue Influence              Undue influence exists when a person uses coercion to influence the…

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What Happens If You Die Without a Will? Taking a Lesson From Prince

April 28, 2016

          On Tuesday, Prince’s sister, Tyka Nelson, filed an emergency motion in Carver County District Court requesting that the Court appoint a special administrator to gather and protect Prince’s assets.  She also claimed that, to the best of her knowledge, no will existed.  The assets are estimated to be worth $100…

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