White v. Harold L. & Audree S. Mills Charitable Remainder Unitrust

Attorney Michael  David Bland was appointed by the  Clerk of Superior Court in Cabarrus County to serve as the  Collector of the Estate of Audree S. Mills.    Mrs. Mills was adjudicated as incompetent on May 1st of 2008.  A lawsuit filed by her guardian, Ray While in September 2008, alleged misconduct and breach of fiduciary duties owed to Mrs. Mills, by the Trustee of a Charitable Remainder Unitrust. While the lawsuit brought by her guardian was pending, and prior to the entry of judgment by the Court, Mrs. Mills died. Mrs. Mills died on January 29th of 2010.

The Court after Mrs. Mills death on March 5th, 2010, entered summary judgment against Mrs. Mills‘ estate.   Attorney Bland, as the Collector appointed for Mrs. Mills’ estate, appealed the trial Court’s rulings  to the  Court of Appeals and argued that the Trial Court could not enter summary judgment against Mrs. Mills Estate, as her guardian’s legal authority to bring or prosecute the lawsuit terminated by statute when Mrs. Mills passed away on February 29th, prior to the Court’s ruling on March 5th. The Court of Appeals  agreed that  the entry of summary judgment against the Estate of Mrs. Mills was improper and reversed the Trial Court.

To learn more about David Bland and the Attorneys at Weaver, Bennett & Bland contact us at 704.844.1400