Posts by kirk_sanders

Revoking a Will Litigation North Carolina

Posted on Sep 11, 2017 in NC Estate Litigation Attorney

Revoking a Will Litigation North Carolina Life changes quickly. Often, these changes mean that testator’s last will and testament no longer reflects her desire for the distribution of property after her death.  When that happens, she may want to revoke her prior will.  The testator has several options to consider if she wants to revoke her prior will. If a testator (or maker of the will) wants to revoke a Last Will & Testament, she should #1 go see her attorney. This is not an action to be done without sound legal advice. There are consequences to this action. Sometimes wills go missing....

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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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