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N.C. Adopts Remote Online Notarizing, Extends Emergency Video Notarizing and Witnessing

Many tasks that were relatively easy to accomplish became nearly impossible during the height of the COVID-19 pandemic, and while much of everyday life has returned to “normal,” some modifications to accommodate social...more

Proving a Real Signature in a Surreal World: Notarization Concerns in a Pandemic (Part 2)

On April 6, 2020, McGuireWoods issued an alert analyzing issues facing attorneys, clients and notaries in the execution of documents during a global pandemic. The alert also provided a summary of state legislation and...more

Proving a Real Signature in a Surreal World: Notarization Concerns in a Pandemic

While a majority of state governors have issued executive orders mandating closure of all non-essential businesses, life does go on, and for many, that means conducting business and taking care of essential personal planning...more

Creative Tax Planning With “Flip” Charitable Remainder Unitrusts

As predicted, the 2017 Tax Act appears to have impacted the state of charitable giving in the United States. The 2019 Giving USA report released June 18, 2019, indicated that giving by individuals declined by 3.4 percent...more

North Carolina Revenue Department Sets Deadline to Claim Refunds Under Kaestner

On July 2, 2019, the North Carolina Department of Revenue issued a notice setting December 21, 2019, as the deadline for certain taxpayers to file amended returns or tax refund claims based on the U.S. Supreme Court decision...more

What Kaestner Decision Means for State Income Taxation of Trusts

On June 21, 2019, the U.S. Supreme Court issued a unanimous opinion, delivered by Justice Sotomayor, in North Carolina Department of Revenue v. Kimberley Rice Kaestner 1992 Family Trust, holding that the North Carolina...more

Can a Handwritten Will Get Any R.E.S.P.E.C.T.?

Aretha Franklin’s estate is back in the news, this time for a controversy surrounding recently discovered handwritten documents that may — or may not — be accepted by the court as her official will....more

Supreme Court Weighs Constitutionality of State Income Taxation of Trusts

On April 16, 2019, the U.S. Supreme Court heard arguments in Kaestner v. North Carolina Department of Revenue. The case will address the extent of the state’s authority to tax the income of certain trusts. The trustees of the...more

U.S. Supreme Court to Weigh N.C. Statute Taxing Trust Income

The U.S. Supreme Court will have the final word in the ongoing challenge to North Carolina’s statute taxing trust income, as it agreed on January 11 to hear arguments in North Carolina Dept. of Revenue v. Kaestner Family...more

1/23/2019  /  Income Taxes , State Taxes , Trusts

Recent Cases of Interest to Fiduciaries January 2018

In the most recent installment of the McGuireWoods Fiduciary Advisory Services annual multipart series on recent fiduciary cases, developments in the law concerning various topics are examined through the following:...more

Recent Cases of Interest to Fiduciaries

In the most recent installment of the McGuireWoods Fiduciary Advisory Services annual multipart series on recent fiduciary cases, developments in the law concerning various topics are examined through the following: - In re...more

Income Taxation of Out-of-State Trust Is Unconstitutional

On June 8, the North Carolina Supreme Court affirmed the Court of Appeals’ 2016 decision in the matter of the Kimberly Rice Kaestner 1992 Family Trust v. North Carolina Department of Revenue , upholding the Court of Appeals’...more

Recent Cases of Interest to Fiduciaries

In the most recent installment of the McGuireWoods Fiduciary Advisory Services annual multipart series on recent fiduciary cases, developments in the law concerning various topics are examined through the following:...more

New North Carolina Law Allows Fiduciaries Access to Digital Assets, but Only If ...

When people die or become incompetent, what happens to their digital assets? Who can legally access their email and handle it properly? Do their social media accounts remain forever open, accepting content and sending...more

North Carolina Court of Appeals Affirms the Unconstitutionality of a State Income Tax on a Non-North Carolina Trust: Kimberly Rice...

On July 5, 2016, the North Carolina Court of Appeals affirmed the Business Court ruling in the matter of Kimberly Rice Kaestner 1992 Family Trust v. North Carolina Department of Revenue. As noted in our Alert of May 1, 2015,...more

North Carolina Changes Trust Code and Permits “Living Probate”

On August 11th, Governor McCrory signed North Carolina Senate Bill 336, Act to Amend the Law Governing Estate Planning and Fiduciaries (the “Act”). Notably, the Act adopts a procedure for living probate in North Carolina and...more

North Carolina Court Holds Statute Taxing Trust Income Unconstitutional Kimberly Rice Kaestner 1992 Family Trust v. North Carolina...

On April 23, 2015, Judge Gregory P. McGuire of the Business Court division of the Superior Court of Wake County, North Carolina, issued a decision in the matter of the Kimberly Rice Kaestner 1992 Family Trust v. North...more

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