Posts made in January, 2016

Power of Attorney Embezzlement Case in NC Top 25 Verdicts & Settlements

Posted on Jan 14, 2016 in News

NC Fiduciary Litigation Attorney, Kirk Sanders, victory on behalf of his octogenarian client made NC Lawyers Weekly’s Top 25 Verdicts & Settlements for 2015. ¬†NC Lawyers Weekly Top 25 Verdicts & Settlements of 2015 This was a case where an octogenarian’s child wiped out all his accounts, valued at $1,000,000 and deeded all his property to herself as a life estate remainderman. The lawsuit filed by Sanders alleged¬†power of attorney embezzlement, POA misappropriation, POA misuse of funds, and breach of fiduciary duty. Mr. Sanders and co-counsel, Bryan Thompson, worked...

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Contesting a Will in NC – Testamentary Capacity

Posted on Jan 9, 2016 in challenging a last will and testament, Contesting a Will, News

When contesting a will in NC based on lack of capacity, the general rule is: A testator-decedent has testamentary capacity if he: – comprehends the natural objects of his bounty; – understands the kind, nature, and extent of his property; – knows the manner in which he desires his act to take effect; and – realizes the effect his act will have upon his estate. This is the general rule. It means that even if someone is insane, they could still possibly have testamentary capacity. In addition, just because someone cannot read or write, they can still make a will. The...

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