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

N.C. Court of Appeals: Caveators Were Not Prejudiced By Dead Man’s Statute Since the Jury “heard the gist of caveators’ evidence.”

          In 1960 Charles Pickelsimer (“Charles”) inherited significant stock holdings in a family telecommunications company.[1]  Over the next 45 years, Charles gave his children and grandchildren stock certificates as gifts.  When he sold the company in 2008 for $65 million, Charles and his children received significant cash distributions.  In 2009, Charles 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