• Blog Post

    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.   What is a fiduciary?  …

  • Blog Post

    Rule 11 Sanctions and Incompetency Proceedings

              In Re Cranor began as a straightforward incompetency proceeding, but devolved into a Rule 11 battle between two North Carolina attorneys.[1]  The proceeding centered on a woman named Carole Cranor.  Because of her early onset dementia, Carole had difficulty preparing meals for herself, suffered dehydration, and sustained a fall due to her diminished mental capacity.  As…

  • Blog Post

    Guardianship Proceedings in North Carolina

             It is prudent to execute a healthcare and/or financial power of attorney well in advance of necessity to ensure your individual wishes are honored in the event you are unable to attend to your own needs.  However, competency is required to execute a power of attorney.  If you become incompetent and do not have a durable…

  • Firm News

    Lindley Law Secures Order Striking Deed from Chain of Title

    Earlier this month, Lindley Law secured an order declaring a contested deed null and void for lack of proper authentication.  Representing the guardian of the estate of an elderly woman who was adjudicated incompetent, Lindley Law sought to protect her property interest from an attempted transfer by her son.   Lindley Law alleged the deed was invalid under eight different…