• Blog Post

    Testamentary Capacity and Undue Influence

    In 2015 and 2016, media magnate Sumner Redstone amended his trust, which was challenged by former companion Manuela Herzer.  A California court recently ruled that Mr. Redstone possessed the required mental capacity to amend his estate plan. In North Carolina, whether an individual is a billionaire business mogul or anyone else, the requirements for testamentary capacity, or the required mental capacity to create a will or a trust, is the same. Testamentary Capacity To have testamentary capacity a person must be “of sound mind, and 18 years of age or over[.]”  In practice, this means that the person creating the will, otherwise known as the testator, must be able to…

  • Blog Post

    Congratulations to Trey Lindley and Satie Munn

    Lindley Law is pleased to announce Trey Lindley was selected as a 2019 Super Lawyer in Estate and Trust Litigation by Super Lawyers Magazine, making this his eighth consecutive honor from the publication. Lindley Law is also pleased to announce Satie Munn was selected as a 2019 Rising Star in Business Litigation by Super Lawyers Magazine, her first such honor from the publication. Super Lawyers Magazine recognizes outstanding attorneys using a multi-step process that involves soliciting nominations from attorneys across North Carolina (lawyers are not allowed to vote for themselves), a third-party evaluation across 12 key categories, and a peer evaluation by a highly credentialed panel of attorneys. Finalists have attained a high…

  • Blog Post

    Can North Carolina Employers Compel Drug Testing and DNA Testing?

    In December 2018, a Phoenix, Arizona woman, who spent the last fourteen (14) years in a coma, gave birth to a healthy baby.  A police investigation concluded that, while in her comatose state, she had been raped multiple times.  The staff at the healthcare facility where she was a patient stated that no one knew she was pregnant until she went into labor.  In response to a search warrant issued to the employer, the employer requested that all male employees provide a DNA sample to determine whether the individual who impregnated the woman was a staff member.   Without question, the facts of this investigation are shocking.  However, it does…

  • Blog Post

    How Smart is Your Technology?

    With the popularity of smart devices on the rise, their prevalence in the courtroom is increasing. In 2018, police used Karen Navarra’s Fitbit fitness tracker to find her murderer. Police accessed the recorded information and determined that her heart rate spiked then dropped significantly while her stepfather was in her house. Due to neighbors reports and the information from Fitbit, police were able to determine her stepfather was the murderer. This is not the first time Fitbit’s technology has been used by police to solve crimes. In 2015 Fitbit provided location data in association to a sexual assault and personal injury case, and in August 2018, Fitbit data helped the…

  • Firm News

    Welcome Kevin Cleys

    We are excited to announce the addition of attorney Kevin Cleys to the Lindley Law team! Prior to joining Lindley Law, Kevin practiced with Womble Bond Dickinson (US) and was active in a number of the firm’s pro bono initiatives. He also volunteered with Triangle ArtWorks, a Raleigh-based nonprofit organization providing legal and business support for community artists. Kevin earned his J.D. from the University of North Carolina School of Law. As a student, he was a staff writer for the North Carolina Journal of Law & Technology, the President of the Sports and Entertainment Law Association, and a chair and host of the 2015 UNC Law Revue, which raised…