In 2022 there were approximately 14 appellate cases in North Carolina that touched on trusts and estates: Barrington v. Dyer, 282 N.C....

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...

In Parks v. Johnson the NC Court of Appeals just put the onus on estate planners to draft wills—especially residuary clauses—with even...

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...

In Leary v. Anderson (NC App, October 19, 2021), estate practitioners are reminded of the lesser-known rule that a power of attorney...

Is a devise of “all my personal property” patently ambiguous? The NC Court of Appeals reminds us in Treadway v. Payne (October 5, 2021)...

Is the expert testimony of a court-ordered, board-certified forensic psychiatrist sufficient to quash a capacity claim in a trust caveat?...

In In re Brooks (opinion here) the NC Supreme Court issued a good reminder for estate administration attorneys that certain PRs are...

In an unpublished opinion on New Year's Eve, the North Carolina Court issued a ruling on In re Sabol (opinion here, briefs here)...

Walter v. Walter (NC App December 31, 2020): Deed Reformation for Mutual Mistake Can a deed be reformed under a theory of mutual mistake...

On November 17, 2020 the NC Court of Appeals decided Taylor v. Vaughan in an unpublished, unanimous opinion that reminds lawyers of the...

Estate Disputes 101 The probate of baby boomer estates has begun the long anticipated greatest transfer of wealth in human history....

Estate Administration (Probate) 101 “Probate” is the judicial process outlined in N.C. Gen. Stat. § 28A of distributing your property at...

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,...