James E. "Jim" Hickmon

Amber Lavone Williams asserted that she was the daughter of Willie James Ingram. While Mr. Ingram was seriously ill, she allegedly arranged to be added as co-owner of his approximately $200,000 BB&T account and obtained a durable power of attorney dated five days before his death. Mr. Ingram died without a will, and Ms. Williams was appointed administratrix of the estate. Although the Clerk of Court later determined that Ms. Williams was not Mr. Ingram’s lawful daughter or heir, she remained administratrix over the objections of Mr. Ingram’s legitimate heirs. The heirs filed suit against Ms. Williams, individually and in her capacity as administratrix, alleging fraud, breach of fiduciary duty, commingling, and conversion of estate assets. The trial court later disqualified Ms. Williams’ attorneys from representing her in any capacity after finding an inherent conflict of interest arising from their representation of her in both her individual and fiduciary roles. Ms. Williams and her attorneys appealed the ruling. Holding: The Court of Appeals affirmed the trial court’s decision, concluding that Ms. Williams’ personal interests were materially adverse to her duties as administratrix and that the law firm could not represent her in both capacities. Mr. Hickmon represented Mr. Ingram’s heirs at law.

In 2007, the co-executors and successor co-trustees of Dan Moser’s estate filed resignations, but no court approved those resignations. A golf-development LLC partially owned by the estate later defaulted on a loan, and a 2009 foreclosure involving the golf course resulted in an alleged deficiency of approximately $412,000. Holding: The court determined that the resignations were ineffective, meaning the defendants remained trustees and could face liability for alleged failures to act after attempting to resign. The court also denied the defendants’ supplemental motion to dismiss, which included a statute-of-limitations argument. Mr. Hickmon represented the estate’s beneficiaries.

Leonard Russo’s 2012 Will named his wife, Grace, as executor and designated the drafting attorney’s PLLC as successor executor and trustee of a testamentary trust for Grace during her lifetime, with the remainder to his grandson, Devin Russo. Following Leonard Russo’s death in 2018, no individual or entity qualified as executor or trustee for more than five years. Devin subsequently filed a declaratory judgment action seeking appointment of appropriate fiduciaries.
Attorneys representing Grace and the law firm PLLC argued that Devin’s filing triggered the Will’s no contest clause and disinherited him from the trust. Devin contended that Grace had effectively renounced her right to serve as executor by failing to qualify during the five-year period after the decedent’s death. He also argued that the law firm PLLC could not serve as executor or trustee because it was not chartered as a trust company by the North Carolina Banking Commission. The trial court ruled that Devin’s declaratory judgment action did not trigger the no contest clause, but concluded that the law firm PLLC could serve as trustee. Devin appealed.
Holding: The North Carolina Court of Appeals held that Devin had standing to pursue the declaratory judgment action and that his petition did not trigger the Will’s no contest provision because he sought enforcement, rather than invalidation, of the Will’s terms. The court further held that the law firm PLLC could not serve as executor or trustee without obtaining a charter from the North Carolina State Banking Commissioner. The court also determined that questions concerning whether Grace’s delay constituted waiver or rendered her unsuitable to serve required further proceedings.
Outcome: Vacated in part, reversed in part, and remanded. Mr. Hickmon represented the appellant, Devin Russo.