The published panel affirmed dismissal of the first claim and held a third claim time-barred under G.S. 36C-6-604(a), but reversed summary judgment on the second claim and remanded it. Because the ruling on the third claim resolved that controversy, the defendants’ limitations cross-appeal no longer had a practical effect and was dismissed as moot.
The First Department upheld revocation of powers of attorney where agents paid themselves without invoices, billed legal rates for personal services, and mismanaged the principal’s accounts.
The First Department held that a revocable trust containing no transferred assets could not govern a decedent’s estate and refused to imply a gift contrary to the instrument’s limited text.
In a published opinion, the Superior Court upheld appointment of a neutral lawyer to administer an intestate estate, holding that kinship alone gives no priority when the relative is not an heir.
The First Department approved beneficiary changes and LLC reforms under Mental Hygiene Law Article 81 to preserve an incapacitated person’s longstanding estate plan.