trust litigation NC

Lis Pendens NC & freezing estate assets

Posted on Nov 2, 2016 in Contesting a Will, News, trust litigation NC, will contest attorney NC

Lis Pendens is one of the more important filings in a Will Contest or Fiduciary Litigation in North Carolina (NC). Lis Pendens roughly means ‘litigation pending’ and puts persons on notice that the real estate involved in the estate, trust or fiduciary matter is part of a lawsuit. In North Carolina litigation matters, this is an extremely powerful tool. Without the lis pendens, it’s possible for real estate that could be brought into the case gets transferred. One of the main questions to be asked before pursuing an estate litigation claim is whether there are still assets...

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How to Remove a Trustee in North Carolina

Posted on Jun 3, 2016 in trust litigation NC

Issue: How to remove a trustee from a trust that you’re a beneficiary or settler You can. It’s easier if you are the Settler a/k/a the maker of the trust. But let’s say you are a beneficiary or contingent beneficiary, what are your options? The general statute for trusts includes: 36C-7-706. Removal of trustee (a) For the reasons set forth in subsection (b) of this section, the settlor of an irrevocable trust, a cotrustee of an irrevocable trust, or a beneficiary of an irrevocable trust may request the court to remove a trustee, or a trustee may be removed by the court on...

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