Handshake John C. Lindley III

Eight Questions and Answers about Fiduciary Litigation

What is fiduciary litigation?   Fiduciary litigation encompasses a wide range of legal actions including, without limitation, trust and estate litigation, will contests (also referred to as caveat proceedings), breach of individual and corporate fiduciary duty claims, and guardianship proceedings.  Fiduciary litigation is becoming increasingly relevant as the baby boomer generation continues to age.   Read More

last will and testament

NC Court of Appeals: While decedent’s actions effectively bypassed will, “it was his prerogative to do so.”

              On July 21, 2015, the North Carolina Court of Appeals issued a ruling emphasizing the importance of executing cohesive estate documents and appointing a trusted fiduciary to execute the testator’s wishes.[1]               Dwight Jordan died testate with four children, and his will instructed the estate to be Read More

Power-of-attorney

Powers of Attorney: General Considerations

          While many people recognize the term “power of attorney,” most do not know how to create a valid power of attorney or choose between the various considerations.  It is important to prepare safeguards to protect current and future assets long before one faces severe illness or incapacity.  A power of Read More