NC Fiduciary Litigation Commentary
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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When legendary actress and director Diane Keaton passed away on October 11, 2025, the world mourned the loss of one of Hollywood’s most distinctive talents. Known for her wit, style, and timeless roles in Annie Hall, Father of the Bride, and The First Wives Club, Keaton was also a devoted animal lover. Her beloved Golden…
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In 2023, the legendary musician Jimmy Buffett passed away at the age of 76. Since then, a flurry of legal claims have surfaced over his $275 million estate. Majority of Mr. Buffett’s assets went to his widow, Jane Slagsvol, as the main beneficiary. However, Mr. Buffett also named Richard Mozenter, his long-time business partner, as…
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The intriguing case of Luigi Mangione highlights the intersection of criminal law and estate planning, particularly the use of conditional bequests in wills. Mary Mangione, Luigi’s grandmother, reportedly left a substantial inheritance to her descendants, with a stipulation that any grandchild who is “charged, indicted, convicted of or pleads guilty to a felony” would forfeit…
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Famed rock singer, Tom Petty, passed away in 2017. Nearly two years later his widow, Dana York Petty, and his daughters from a previous marriage, Adria and Annakim Petty, remain embroiled in a legal dispute over the musician’s estate. In the petition filed with the probate court in Los Angeles, California, Dana asserts her authority…
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In Part 2 of this series, we examined trustees’ duties of loyalty and impartiality. This post will examine the duty to administer trusts prudently and Part 4 will discuss the duty to delegate – or not delegate – in more depth. The duty to administer trusts involves the basic values…
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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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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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A recent decision by the North Carolina Court of Appeals reinforced the distinction between claims over which the trial divisions have original jurisdiction and claims which are properly brought before the Clerk of Court.[1] In Morgan-McCoart v. Matchette, an elderly woman, Ms. Simpson, created…
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Twenty-three years ago, Clark “CB” Bagby, Jr. assumed control of his father’s already successful demolition and grading company and grew it into one of the largest in the Southeast. Only one of his four children showed any promise or passion for the family business, the others content to enjoy its fruits. CB, the sole shareholder…
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