Posts by kirk_sanders

Kirk Sanders Teaches NCBAR Paralegal Division

Posted on May 18, 2017 in Fiduciary Litigation Attorney NC, Power of attorney abuse NC

On May 5, 2017, Kirk Sanders spoke at the North Carolina Bar Association’s Annual Paralegal meeting in Pinehurst, NC. His one hour topic was POA Abuse and Litigation under North Carolina law. At the course, he taught about warning signs for abuse and misappropriation by the POA agent. He spoke on the fraud triangle. The fraud triangle involves weaknesses in the situation where the agent has opportunity to mismanage or steal, there’s perceived pressure on the agent (eg. debt issues, divorce, no savings), and rationalization by the agent concerning their bad faith acts. The...

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Personal Representative’s Inspection of Assets

Posted on May 15, 2017 in NC Estate Litigation Attorney

Personal Representative’s Inspection of Assets in an Estate: What do you do when a family member refuses to turn over property to you as the personal representative of the estate?  What can you do when your demands to return the property are ignored? Fortunately, North Carolina gives personal representatives, both administrators and executors of the estate, numerous tools to put estate assets back in the rightful owners’ hands. N.C. Gen. Stat. § 28A-15-12 allows personal representatives to sue in superior court to recover any property of any kind belonging to the estate. The statute...

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How to Compel Filing of a Will

Posted on May 8, 2017 in Fiduciary Litigation Attorney NC, NC Estate Litigation Attorney

Problem: Someone has the original Lost Will & Testament but refuses to file it. Or they refuse to give it to you to probate with the Clerk of Court. Solution: Motion to Compel Production of a Will To learn more, go to my companion website and read more on this subject at http://kirksanderslaw.com/blog/compelling-production-will For your fiduciary litigation needs, contact the Estate Litigation Attorneys at Hendrick Bryant at 336-723-7200

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Probating Lost Wills

Posted on Apr 24, 2017 in NC Estate Litigation Attorney

What to do when you need to Probate a Lost Will? Have you ever lost something? What if you lost a will and no matter how hard you looked, you could not find it?  Many clients worry that if they cannot find the original will, then they are simply out of luck.  Fortunately, this situation is not as rare as you might think, and North Carolina has procedures in place so that a person may probate a will, even if it has been lost. (Sometimes wills get “lost” by a person who didn’t like what they would receive in that lost will.) To probate a lost will under North Carolina law, a person must file a...

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POA Abuse Signs: The Fraud Triangle

Posted on Mar 10, 2017 in Power of attorney abuse NC

How to look for POA abuse signs? For starters know the Fraud Triangle. The Fraud Triangle is 1) Opportunity, 2) Pressure, 3) Rationalization.  Other terms include: Perceived Opportunity, Perceived Pressure, and Rationalization. What does that mean when you are considering appointing someone as your Attorney-in-Fact or Power of Attorney agent? If your agent fits one of these three sides of the triangle, then they are likely not fit to serve as the agent of your assets. Perceived Opportunity: This is the ability to execute a plan without being caught. For instance there is no one that the POA...

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