• Blog Post

    JOHN SINGLETON CONSERVATORSHIP AND ESTATE

    John Singleton entered Hollywood in a truly historic fashion.  Not only was he the first African American to be nominated for an Oscar for Best Director for his debut film Boyz N the Hood, but he did so at the age of 24, making him the youngest ever nominee for the category.  Sadly, Singleton’s career was cut short when he died last week at age 51 following a stroke.   Before his death, Singleton’s daughter, Cleopatra, disputed the characterization of Singleton’s medical condition by Singleton’s mother and business manager, Shelia Ward.  Ward claimed Singleton was in a coma, petitioning the court in Los Angeles to be named temporary conservator for…

  • Blog Post

    Accelerating Estate Disputes: The Living Probate Option

              North Carolina joins four other states in providing a path to ensure decedents’ assets are distributed according to their wishes upon death.[1]  The North Carolina General Assembly recently enacted legislation amending statutes regarding estate administration by adding a procedure for “living probate.”  This action is usually commenced by a testator – the author of a will – prior to his or her death where he or she anticipates a challenge to the will’s validity.  The court can now declare a will is valid while the testator is alive, thereby preventing potentially more expensive litigation after the testator’s death, when he or she is unable to…

  • John C Lindley III
    Blog Post

    Six Ways to Challenge a Will’s Validity

              Wills must meet several basic requirements to be valid and enforceable under state law.  If any of the below factors are at work, then a will’s validity may be challenged.   (1) Undue Influence              Undue influence exists when a person uses coercion to influence the testator (the person creating a will) into executing a will that does not accurately reflect the testator’s true wishes.  There are several red flags to keep in mind if you are suspicious a loved one’s will is the product of undue influence.  Unusual dispositions of property, sickness and vulnerability of the testator to undue influence,…