Estate Law

North Carolina Civil Procedure Estate Law Family Law

Supreme Court of North Carolina

Uncategorized

Face — Revocable trust need not be joined when all settlors are parties to equitable distribution

/ August 16, 2026

The Supreme Court answered a question of first impression and held that the revocable trust did not have to be joined. Because every settlor was already a party, a judgment concerning the trust property effectively bound the trust without impairing another person’s rights. The Court modified and affirmed the Court of Appeals.

North Carolina Banking & Finance Estate Law Personal Injury & Tort

Court of Appeals of North Carolina

Uncategorized

Underwood — Constructive-fraud verdict upheld over withdrawals from vulnerable friend’s joint accounts

/ August 7, 2026

The Court of Appeals held that the Estate presented sufficient evidence of a confidential or fiduciary relationship and the resulting benefit needed for constructive fraud. O’Neil’s vulnerability, Lynch’s assistance and influence, and the scale and use of the withdrawals allowed a reasonable jury to find the required relationship and abuse. The court therefore left the jury’s verdict intact rather than reweighing com