It is a fundamental principle of law that a Last Will and Testament duly signed and witnessed is binding on no one until the person who signed the Will dies. That is to say that a person who signs a Will in say January of...more
Mr. James Paul Allen of Beaufort County, North Carolina executed a duly drafted will on August 29, 2002. The will was prepared by his longtime attorney who had represented him in many matters. Mr. Allen was not married and...more
It is not often in a complex equitable distribution case that we see a trial Judge’s fair and well-reasoned decision reversed on appeal. However, that is precisely what happened in the April 18, 2017 Court of Appeals case...more
In many equitable distribution cases, where the value of real estate is an issue, the parties at least in negotiations debate the relative accuracy of the ad valorem tax value (“Tax Value or Tax Values”) of the property as a...more
Late 2016, the Minnesota Supreme Court decided the case of Curtis v. Curtis (887 N.W.2d 249) and in so doing provided a lesson in how to invest $2,000,000.00 to maximize your return in an alimony case....more
4/7/2017
/ Alimony ,
Capital Gains ,
Client Assets ,
Dependents ,
Divorce ,
Family Law Courts ,
Financial Planning ,
Investment ,
MN Supreme Court ,
Securities ,
TD Ameritrade
– Will Caveats or “The Family Feud” Part 2 –
The North Carolina Court of Appeals continues to publish opinions in Will Caveat cases that could easily serve as a storyline from a daytime television series. One example...more
3/16/2017
/ Appeals ,
Competency Requirements ,
Conversion ,
Elder Abuse ,
Elder Issues ,
Estate Planning ,
Fraud ,
Punitive Damages ,
Revocable Trusts ,
Trust Assets ,
Unjust Enrichment ,
Will Caveats ,
Wills
In order to set aside a Will after a person has died, a Caveator (the person attacking the Will) has three courses of action under the law. First, he can assert that the Testator (the person making the Will) was incompetent...more
The North Carolina Court of Appeals on December 20, 2016, issued an opinion in a case involving a Will Caveat that arose in Alamance County. The facts of this recent case illustrate very clearly the emotional and contentious...more
In many family law settlements, whether they are obtained voluntarily through an agreement or the result of litigation ending in a court order, certain provisions are made for minor children, including the support of the...more