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...
top of page
Search
jason jones
Feb 25, 20232 min read
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....
59 views0 comments
jason jones
Sep 29, 20223 min read
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...
44 views0 comments
jason jones
Mar 17, 20222 min read
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...
104 views0 comments
jason jones
Dec 30, 20213 min read
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...
50 views0 comments
jason jones
Dec 22, 20213 min read
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...
63 views0 comments
jason jones
Oct 14, 20214 min read
"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)...
39 views0 comments
jason jones
Sep 17, 20213 min read
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?...
48 views0 comments
jason jones
May 25, 20212 min read
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...
40 views0 comments
jason jones
Jan 21, 20215 min read
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)...
48 views0 comments
jason jones
Jan 8, 20212 min read
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...
68 views0 comments
jason jones
Dec 1, 20202 min read
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...
39 views0 comments
jason jones
Nov 13, 20205 min read
Estate Disputes 101
Estate Disputes 101 The probate of baby boomer estates has begun the long anticipated greatest transfer of wealth in human history....
35 views0 comments
jason jones
Aug 15, 20203 min read
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...
41 views0 comments
jason jones
Aug 14, 20205 min read
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,...
93 views0 comments
bottom of page