• Blog Post

    Accelerating Estate Disputes: The Living Probate Option

              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 – the author of a…

  • Blog Post

    Six Things Every Lawyer Should Know When Drafting a Non-Compete Agreement in North Carolina

              When advising clients and drafting employment contracts with non-compete clauses, there are several things every lawyer should keep in mind.  The general rule is courts will enforce non-compete clauses to the extent they are reasonably necessary to protect legitimate business interests.[1]  In North Carolina, they must be (1) in writing and (2) signed by the…

  • John C Lindley III
    Blog Post

    Six Ways to Challenge a Will’s Validity

              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 testator (the person creating a…

  • Blog Post

    Prescriptive Easements and Claim of Right

              If your neighbor’s driveway runs over your property, is it a permissible to dig a large ditch over the drive if the ditch impedes your neighbor’s access to their own land? Easements for neighboring properties are often necessary to access one’s own land, particularly in rural parts of the country. However, the law regarding one’s…

  • Blog Post

    Basic Ethics of Representing Clients with Diminished Capacity

              Representing clients with diminished capacity can present a challenge for even the most experienced attorney, and every client and every matter is different.  Minors of the same age may have vastly different maturity levels and clients suffering from dementia may have varying symptoms and abilities to recall information or make informed decisions. For example, a…