• Blog Post

    HOW DO MENTALLY INCOMPETENT PERSONS PURSUE/DEFEND LAWSUITS?

    Elder abuse often includes financial crimes that are, most frequently, crimes of opportunity because the senior has diminished mental capacity.  What is an elder to do if she finds herself the victim of fraud, particularly if she does not have the wherewithal to protect herself? Or the converse, can an incompetent person be sued? Some states prohibit an incompetent person from being a named party, particularly a Defendant.  However, North Carolina is in the majority of states which allow individuals deemed incompetent to be names as a party to a lawsuit, and outlines a process for doing so. Pursuant to Rule 17 of the North Carolina Rules of Civil Procedure,…

  • Blog Post

    LARRY KING LEAVES THREE SENTENCE, HANDWRITTEN WILL FOR THE BENEFIT OF HIS FIVE CHILDREN

    Legendary journalist and radio host Larry King passed away on January 23, 2021 at the age of 87 after his hospitalization in December for COVID-19.  According to his seventh wife, Shawn Southwick King, he ultimately succumbed to a sepsis infection after surviving the coronavirus. King wrote his will on October 17, 2019, two months after filing for divorce against Southwick King and it reads as follows: This is my Last Will & Testament. It should replace all previous writings. In the event of my death, any day after the above date I want 100% of my funds to be divided equally among my children Andy, Chaia, Larry Jr., Chance &…

  • Blog Post,  Firm News

    CONGRATULATIONS TO TREY LINDLEY AND SATIE MUNN FOR THEIR SELECTIONS IN SUPER LAWYERS MAGAZINE

    Lindley Law is pleased to announce its recognition by the 2021 edition of  Super Lawyers. Trey Lindley was selected as one of only four 2021 Super Lawyers in Estate and Trust Litigation, his fourth consecutive year receiving this award.  Trey was previously recognized as a Rising Star by Super Lawyers Magazine from 2012 through 2017, making this his tenth consecutive honor from the publication.  Satie Munn was selected as one of only three 2021 Rising Stars in the Estate and Trust Litigation category.  This is Satie’s third consecutive year receiving the award for Rising Star in Estate and Trust Litigation. Each year, Super Lawyers recognizes the top attorneys by state…

  • Blog Post

    JUDGE BLOWS THE WHISTLE ON AGENCY’S CONTRACT WITH ZION WILLIAMSON AND THROWS IT OUT FOR TECHNICAL FOULS

    While still a college basketball player at Duke University, Zion Williamson signed an agency agreement with Prime Sports Marketing and its founder, Gina Ford.  Six weeks later, Williamson announced he found a better deal and was (fast) breaking the contract to team up with another agent.  He then filed suit in the Middle District of North Carolina seeking a declaratory judgment that his contract with Prime Sports Marketing and Ford was void as a matter of law. Six days later, Ford filed suit in Florida seeking $100 million in punitive damages, while also claiming Prime Sports Marketing sent Williamson’s stepfather $100,000 as an advance on his earnings and that he…

  • Blog Post,  Firm News

    CONGRATULATIONS TO TREY LINDLEY FOR BEING ELECTED TO BUSINESS NORTH CAROLINA MAGAZINE’S “LEGAL ELITE”

    Lindley Law is pleased to announce Trey Lindley’s election to Business North Carolina magazine’s Legal Elite in Litigation for 2021. Business North Carolina magazine sends ballots to all active North Carolina lawyers asking them for the state’s best practitioners in their respetive fields.  This year fewer than 4% of North Carolina’s 28,000 active attorneys were selected as Elite and Trey was recognized in the field of Litigation.

  • Blog Post

    THE HOLIDAYS: A PERFECT TIME TO CONSIDER, AND PREVENT, ELDER ABUSE: PART 2

      Financial abuse of elder Americans is considered by some to be “the crime of the century” since it amounts to as much as $30 billion per year in losses.  One study found 37% of seniors are affected by abuse over any five-year period, which can result in them skipping meals or medications to compensate for the shortfall or, worse yet, losing their homes.  Given the sheer numbers of baby boomers aging and living longer, not to mention folks over 50 controlling more than 70% of the nation’s wealth, we can only expect this trend to surge—increased dementia rates follow longer lifespans. In the first part of this series, we…

  • Blog Post

    THE HOLIDAYS: A PERFECT TIME TO CONSIDER, AND PREVENT, ELDER ABUSE, Part 1

    Financial abuse of elder Americans is considered by some to be “the crime of the century” since it amounts to as much as $30 billion per year in losses and, statistically, few culprits are ever held accountable.  One study found 37% of seniors are affected by abuse over any five-year period, which can result in them skipping meals or medications to compensate for the shortfall or, worse yet, losing their homes.  Given the sheer numbers of baby boomers aging and living longer, not to mention folks over 50 controlling more than 70% of the nation’s wealth, we can only expect this trend to surge—increased dementia rates follow longer lifespans. Like…

  • Blog Post

    CHADWICK BOSEMAN, STAR OF BLACK PANTHER, DIES WITHOUT A WILL—WHO’S ENTITLED TO HIS ESTATE?

    Chadwick Boseman, the actor behind Marvel Comic’s titular character in Black Panther, died earlier this year at the age of 43.  Doctors diagnosed Boseman with stage III colon cancer in 2016, and he battled it in secret as it progressed to a terminal, stage IV diagnosis.  Despite having four years to determine how to divide his estate, he did not execute a will.  So, what is to happen with his estimated $12 million estate? When someone dies without a will or some other estate plan in place, their assets pass via “intestate succession”.  Simply put, intestacy laws are state statutes that substitute for a will when someone dies without one. …

  • Blog Post

    WHILE BANKSY BELIEVES “COPYRIGHT IS FOR LOSERS©™”, COURT RULES TRADEMARK IS NOT FOR HIM

    If you’ve only seen one piece of artwork from the elusive British street artist Banksy, there’s a good chance it is “Flower Thrower”.  Originally appearing on a West Bank, Bethlehem wall in 2005, Pest Control (the official entity that authenticates Banksy’s art) trademarked the image in 2014 without endeavoring to use it in commerce (as required by both American and European Union trademark law). Full Colour Black, a British greeting card company that often uses Banksy’s images, challenged the trademark in 2019 and requested its cancellation for having been filed in bad faith.  Essentially, Full Colour Black’s argument was that it was trademarked without any intention of being used in…

  • Blog Post

    CDC ANNOUNCES NATIONAL EVICTION MORATORIUM THROUGH END OF THE YEAR FOR THOSE WHO CANNOT AFFORD RENT

    Beginning September 4, 2020 and lasting through the end of the year, the Centers for Disease Control and Prevention (“CDC”) announced a national moratorium on evictions in response to the COVID-19 pandemic.  The moratorium is not automatic for all renters, however, and those eligible must sign and deliver to their landlords a declaration under penalty of perjury (which can be found here).  To qualify, renters must attest: They make less than $99,000 annually ($198,000 if filing jointly) or were not required to report any income in 2019;   They tried, but were unable, to acquire government assistance for help paying rent;   They cannot pay rent due to substantial loss…