• Blog Post

    INTERPRETATION OF A WILL: WHAT DO PER CAPITA AND PER STIRPES MEAN?

    The North Carolina Court of Appeals recently released an opinion in the matter Brawley v. Sherrill.  The parties were disputing the interpretation of a will, which provided per capita distribution of estate assets to the testator’s children, but per stirpes distribution to her grandchildren.  What do these terms mean, and how do they work together in the same estate plan?…

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    TENANCY AT WILL

    Rent prices in Charlotte are increasing, and these increases often lead to an uptick in evictions, as more tenants are unable to make their monthly payments.  In North Carolina, a landlord can evict a tenant through a process called summary ejectment.  In a typical summary ejectment action, a landlord alleges a valid lease agreement with the tenant, and alleges the…

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    A MAJOR WIN ON APPEAL FOR A LINDLEY LAW CLIENT

    Lindley Law represented the Plaintiff, DavFam, LLC (“DavFam”), in a matter initially before the court in 2016.  After an unsuccessful appeal by the Defendant, and petition for discretionary review to the North Carolina Supreme Court, the trial court’s decision in favor of DavFam is affirmed and upheld.  Congratulations to DavFam and Lindley Law for the victory!   DavFam is a…

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    JEFFREY EPSTEIN TRUST

    Millionaire financier Jeffrey Epstein killed himself on August 10, 2019 while in prison awaiting trial for charges including federal sex trafficking.  Shortly before his death, Epstein signed a pour-over will placing approximately $577 million in assets into a trust.  Many believe the creation of this trust was an attempt by Epstein to shield his vast wealth from civil lawsuits brought…

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    NICHOLAS SPARKS SUED FOR DEFAMATION

    Renowned author Nicholas Sparks is currently being sued by the former headmaster of the New Bern, North Carolina school founded by Sparks.  Saul Benjamin alleges Sparks defamed him by telling parents of the students that Benjamin suffered from mental health problems.  What is defamation, and how is it proved in court?   (Benjamin also alleges Sparks violated the Americans with…

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    UNJUST ENRICHMENT

    Party A and Party B enter into a contract.  Party A will perform a service for pay from Party B.  Party A performs the agreed-upon services, but Party B refuses to pay.  What happens?  As most of us know, Party A can sue Party B for breaching the contract.   But what happens if there is no contract?  A common…

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    WRONGFUL DEATH ACTIONS

    Adam Patrick Browne’s life tragically ended on October 8, 2018.  He was run over by a car driven by his former fiancée, Victoria Keaveny, after she consumed alcohol at a restaurant in Gastonia, North Carolina. Pursuant to a settlement filed under seal in Gaston County Superior Court, that restaurant will pay wrongful death proceeds to Browne’s estate for its role…

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    INTERVIEW WITH MARY PAVLINCHAK

    What are your responsibilities at Lindley Law?   From open to close, I help clients and prospective clients get their questions answered.  Even if their legal issue is not something we can help with, it is my job to listen to them and let them know that they are heard.   As office administrator, I am also responsible for keeping…

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    ENFORCING A FOREIGN JUDGMENT

    You just won a civil judgment, but the judgment debtor is in another state.  How are you going to enforce it?  Consider a simple example: ABC Corporation (“ABC”) forms a contract with XYZ, Inc. (“XYZ”) wherein XYZ agrees to purchase 1,000 widgets from ABC at $100 per widget and ABC agrees to deliver the widgets to XYZ at a particular…

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    EMOJIS IN COURT (*CONFUSED FACE EMOJI*)

    With the continued rise of social media platforms and the increased prevalence of smart phones, courts are presented with the conundrum of interpreting the legal import of emojis, or small digital images that express an idea without the use of alphabetical characters.  The written expressions of a litigant or witness to a case provide valuable evidence; however, in the case…