235 N.C. App. 53
N.C. Ct. App.2014Background
- Heiman died July 7, 2009; his will named Venier as executrix and Layden as surviving spouse with a potential elective share.
- Layden, the surviving spouse, petitioned for a year’s allowance and an elective share.
- Mediation in 2010 produced a settlement: $65,000 payment; Fidelity IRA would go to Layden and another Fidelity account payable to her.
- Clerk found Layden entitled to a one-quarter share of decedent’s total net assets and valued total net assets at $363,851.50; Layden had already received $64,947.62.
- Superior Court adopted Clerk’s findings and affirmed; Venier appealed on waiver fair-disclosure grounds.
- This appeal challenges whether the Fidelity lawsuit disclosure was material to calculating the elective share, ultimately holding it was not material.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to disclose Fidelity suit voids waiver | Layden argues disclosure was material | Venier argues disclosure immaterial | Disclosure immaterial; waiver enforceable |
Key Cases Cited
- Harton v. Harton, 81 N.C. App. 295, 344 S.E.2d 117 (1986) (N.C. App. 1986) (fraud disclosure standard for material facts in settlements)
- In re Estate of Pope, 192 N.C. App. 321, 666 S.E.2d 140 (2008) (N.C. App. 2008) (de novo review standard for appellate review of waiver)
- Carolina Power & Light Co. v. City of Asheville, 358 N.C. 512, 597 S.E.2d 717 (2004) (N.C. 2004) (de novo review and standard of review for legal questions)