The North Carolina Court of Appeals issued a unanimous decision on January 7, 2026, in the case In re: Russo (opinion here ). This ruling focuses on two important issues in estate law: (1) the limited power of "in terrorum" or no contest clauses in wills, and (2) the legal distinction between individual lawyers and law firms serving as fiduciaries under North Carolina law. The first major point the court makes is that no contest clauses, also known as "in terrorum" clauses (

Court Opinion: https://appellate.nccourts.org/opinions/?c=2&pdf=44709 Facts: A POA is executed in 2016. Two years later in 2018 the named agent under the POA executes a deed through the purported powers of the 2016 POA. One year later in 2019, the principal of the POA dies. Three years later in 2022 a quiet title action is filed challenging the validity of the 2018 deed on the theory that the 2016 POA was ineffective due to allegations that the principal lacked capacity and

In 2023 there were approximately 14 appellate North Carolina cases (2 from our state Supreme Court) touching on fiduciary disputes. Cases...

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In an unpublished opinion on New Year's Eve, the North Carolina Court issued a ruling on In re Sabol (opinion here, briefs here)...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