Several causes of action may be pled in conjunction with a claim for breach of fiduciary duty, depending on the facts and circumstances surrounding the case. Attorneys should consider the following claims when filing a breach of fiduciary duty cause of action and determine which, if any, also apply to their clients: 1. Constructive Fraud Constructive Fraud occurs when a person or entity gains an unfair advantage over another through unjust means, usually by lying or omitting important details. Constructive fraud differs from actual fraud because the elements of constructive fraud do require intent, or actual…
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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 divided between them in equal shares. Mr. Jordan named one of his sons, Raymond Baxter Jordan (“Defendant”), as the executor, and designated him as his attorney-in-fact. The same day he executed the will, Mr. Jordan and the Defendant converted Mr. Jordan’s bank account to a joint account with rights of survivorship. The bank account comprised…
