A family dispute over the handling of a mother’s assets has escalated into a legal battle involving allegations of misconduct and breach of fiduciary duty. On June 1, 2023, Crisler Herring Timmons and Katherine Herring Christophe filed a complaint in Cumberland County Superior Court against their brother, Stephen M. Herring. The plaintiffs allege that Stephen, who was named as an agent under a durable power of attorney for their mother, Tilda Gibbs Herring, misused his authority to control her assets for personal gain.
The case centers around the management of Tilda Gibbs Herring’s significant assets after she was moved from her home to an assisted living facility by Stephen in September 2021. Plaintiffs claim that Stephen has secluded their mother from them and other family members while diverting her assets to benefit himself and his immediate family. This includes transferring interests in the family’s beach house. The plaintiffs assert that these actions constitute a breach of fiduciary duty and have sought an accounting of their mother’s assets as well as injunctive relief to stop Stephen from controlling her social interactions and lifestyle.
The court proceedings have been contentious, with the trial court granting a preliminary injunction on July 5, 2023, to halt further asset control by Stephen. Despite this, Stephen failed to comply with discovery requests, leading the plaintiffs to file motions to compel compliance. On August 23, 2024, Judge Jonathan W. Perry found Stephen in contempt for disregarding these orders and imposed sanctions. The court ruled that all allegations made by the plaintiffs would be deemed admitted due to Stephen’s noncompliance.
Stephen appealed the contempt order on September 18, 2024, arguing that the plaintiffs lacked standing as they did not establish legal authority in their initial complaints. However, the appellate court affirmed the trial court’s decision on December 17, 2025, concluding that Crisler and Katherine had standing as “interested persons” under North Carolina law because they are direct beneficiaries of their mother’s estate.
The plaintiffs are seeking reimbursement for legal expenses incurred during this process along with other appropriate sanctions against Stephen for his alleged misconduct. Attorneys Jenna Fruechtenicht Butler and Mary V. Cavanagh represent the plaintiffs from Ward & Smith P.A., while Sharon A. Keyes represents the defendant. The case is identified as No. COA25-230.
Source: COA25230_Timmons_v_Herring_Opinion_North_Carolina_Court_of_Appeals.pdf
