NC Fiduciary Litigation Commentary
Every few months, a client calls convinced that a parent’s estate plan was obviously the product of manipulation. The plan changed late in life. It favored a caregiver, a new spouse, or one child over the others, and the family takes that unfairness as proof enough. It isn’t. North Carolina courts don’t ask whether a…
Unexpected inheritances often reveal more than just what appears in a will—they expose family dynamics, long-standing fractures, and the profound impact of companionship. A recent story shared on Reddit illustrates just how complicated these matters can become. According to the poster, they developed a close friendship with their elderly neighbor after moving to a new…
When it comes to estate planning, a will is one of the most essential legal documents a person can create. But not just any document claiming to express your final wishes will be recognized by North Carolina courts. State law imposes specific requirements that must be met for a will to be considered valid. Understanding…
A will caveat is a special proceeding in which parties can challenge the validity of a document purporting to be the last will and testament of the decedent. The question to be answered is whether the purported will is valid. As a result, admissible evidence and potential remedies are limited to a determination of that…
North Carolina recognizes a cause of action for tortious inference with expected inheritance. This cause of action can be confused with tortious interference with prospective economic advantage, which occurs in the context of a contract or potential contract. Conversely, tortious interference with expected inheritance occurs in the context of a will or estate, rather than…
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…
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] …
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…
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…
In October the North Carolina Court of Appeals issued an unpublished opinion addressing the circumstances under which it is appropriate to grant a motion to dismiss in the context of a will caveat.[1] A caveat is a legal challenge to the probate of a will when there is confusion or…