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2023 In Review (All Appellate NC Trust & Estate Cases)
In 2023 there were approximately 14 appellate North Carolina cases (2 from our state Supreme Court) touching on fiduciary disputes. Cases...
jason jones
Aug 20, 20243 min read
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2022 In Review (All NC Trust & Estate Cases)
In 2022 there were approximately 14 appellate cases in North Carolina that touched on trusts and estates: Barrington v. Dyer, 282 N.C....
jason jones
Feb 25, 20232 min read
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In re Moore (NC App May, 2022): when a father's only child cannot inherit in intestacy.
In May of 2022 the NC Court of Appeals issued its opinion in In re Moore reversing a trial court that had ruled on a will caveat (lawsuit...
jason jones
Sep 29, 20223 min read
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Divorce is not the same as predeceasing in probate: Parks v. Johnson (March 1, 2022 NC App)
In Parks v. Johnson the NC Court of Appeals just put the onus on estate planners to draft wills—especially residuary clauses—with even...
jason jones
Mar 17, 20222 min read
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When Life Insurance Coverage Fails In Estate Planning (Provident Life v Brown, NC App, Oct. 19 2021)
If husband and wife divorce but fail to update their wills prior to dying, the error is cured by statute and the ex-spouse cannot inherit...
jason jones
Dec 30, 20213 min read
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POA vs Guardianship Order (Leary v Anderson, NC App 2021)
In Leary v. Anderson (NC App, October 19, 2021), estate practitioners are reminded of the lesser-known rule that a power of attorney...
jason jones
Dec 22, 20213 min read
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"All My Personal Property" - Patently Ambiguous?
Is a devise of “all my personal property” patently ambiguous? The NC Court of Appeals reminds us in Treadway v. Payne (October 5, 2021)...
jason jones
Oct 14, 20214 min read
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Doctors don't get the last word on capacity claims. Woody v. Vickrey (NC App, April 6, 2021).
Is the expert testimony of a court-ordered, board-certified forensic psychiatrist sufficient to quash a capacity claim in a trust caveat?...
jason jones
Sep 17, 20213 min read
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Special rules govern judges serving as PR of an estate. In re Brooks (2021, NC Supreme Court)
In In re Brooks (opinion here) the NC Supreme Court issued a good reminder for estate administration attorneys that certain PRs are...
jason jones
May 25, 20212 min read
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In re Sabol (NC App, 12-31-2020): Where Capacity Caveats Fail, Undue Influence Caveats Live On
In an unpublished opinion on New Year's Eve, the North Carolina Court issued a ruling on In re Sabol (opinion here, briefs here)...
jason jones
Jan 21, 20215 min read
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Reforming Deeds for Mutual Mistake
Walter v. Walter (NC App December 31, 2020): Deed Reformation for Mutual Mistake Can a deed be reformed under a theory of mutual mistake...
jason jones
Jan 8, 20212 min read
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Case note: Taylor v. Vaughan (NC App, November 17 2020)
On November 17, 2020 the NC Court of Appeals decided Taylor v. Vaughan in an unpublished, unanimous opinion that reminds lawyers of the...
jason jones
Dec 1, 20202 min read
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Estate Disputes 101
Estate Disputes 101 The probate of baby boomer estates has begun the long anticipated greatest transfer of wealth in human history....
jason jones
Nov 13, 20205 min read
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Estate Administration (Probate) 101
Estate Administration (Probate) 101 “Probate” is the judicial process outlined in N.C. Gen. Stat. § 28A of distributing your property at...
jason jones
Aug 15, 20203 min read
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Estate Planning 101
Estate Planning 101 An “estate plan” is just that: the plan for your estate. Note that your “estate” is not only your post-death assets,...
jason jones
Aug 14, 20205 min read
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