American singer and songwriter Aretha Franklin passed away on August 16 at the age of 76 after battling advanced pancreatic cancer. In the days following her passing, her four sons filed documents with the Michigan Probate Court stating that Aretha passed without a will or trust, and claimed to be interested parties in her estate. Aretha’s niece, Sabrina Garrett Owens is the personal representative to administer the estate. When a person dies with a will, the probate court uses that and other documents (such as a trust), to guide them in determining the proper distribution of the deceased’s assets. However, when a person dies without a will, or “intestate,” their…
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Jilted North Carolina Spouse wins $8.8 Million over Wife’s Affair
Last week a Superior Court judge in Durham, North Carolina awarded Keith King $8.8 million dollars in damages against Francisco Huizar III, a man who had an affair with King’s wife. This verdict is the result of North Carolina’s alienation of affection and criminal conversion laws. A remnant of English common law, causes of action for alienation of affection and criminal conversion allow a spouse to recover damages when a third party interferes with the relationship and causes deprivation of affection, frequently seen in cases of adultery. At trial Keith King showed that he and his wife, Danielle, were happily married from 2010 until 2015. In 2015, Danielle…
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Resolving Legal Disputes Through Mediation
In our ongoing series of posts about arbitration, an increasingly popular form of private dispute resolution across the United States. This week, we will discuss another prevalent system for resolving legal disputes outside of the public court system, mediation. Although arbitration and mediation both use independent third-parties to resolve legal disagreements, there are many differences between the two forms of alternative dispute resolution. Arbitration is a privatized version of a trial. In arbitration, the parties present evidence and testimony to persuade the arbitrator that they are entitled to certain relief under the law. Mediation, on the other hand, is essentially an ongoing settlement negotiation. A mediator does not decide which…