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Battle of the Wills—Caveats Proceedings in North Carolina (from Trusts & Estates: Fiduciary Litigation and Dispute Resolution, February 2015) | Stephen J. Grabenstein, The Van Winkle Law Firm, Asheville
To the practicing attorney, caveat proceedings can, and often do, carry an air of mystery.
While certainly not complex, caveats are unique.
The very nature of a caveat proceeding in North Carolina, an in rem proceeding created and governed by statute with sometimes conflicting interpretive case law, sets the caveat apart from the majority of cases tried in Superior Court.
To the interested parties involved in a caveat, the contest over a decedent’s will is an emotionally charged conflict which often pits family members against one another.
For the attorney who drafted the will that is being challenged in a caveat, the proceeding calls into question the attorney’s work product and how the attorney interacted with the testator when preparing the challenged will.
Whether as an advocate for one side in a caveat proceeding or as the draftsperson of a will that has been questioned in a caveat, North Carolina attorneys would do well to have a solid understanding of caveat proceedings.
Common Issues with Historic Preservation (from 2016 Zoning Planning and Land Use Section Annual Meeting, March 2016) | Ramona M. Bartos, North Carolina Department of Natural and Cultural Resources, Raleigh
An overview of recent cases and common problems.
Mentoring in Our Evolving Profession (from The State of Our Profession and Professional Responsibilities, October 2016) | Mark A. Scruggs, Lawyers Mutual Liability Insurance Company of North Carolina, Cary
Join us for a discussion of ethical considerations to be aware of when engaged in mentoring.
Mark Scruggs discusses aspects of generational differences, situational mentoring compared to traditional mentoring, fostering positive mentoring relationships and ethics issues that arise when mentoring law students and/or lawyers who work in other firms.
Digital Signatures: How to “Ink” the Deal Digitally (from The Art of the e-Deal: Harnessing Technology in the Modern Real Estate Law Practice (2015 Real Property Hot Topics), February 2015) | J. Benjamin Davis, Brooks, Pierce, McLendon, Humphrey & Leonard LLP, Raleigh
Can a deal be signed by an emailed “yes”?
What about a scanned or faxed signature page?
How about a “yes” on the phone?
Is forgery ever an issue here? What are the statutes and case law in this evolving area?