Posts by kirk_sanders

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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Victory in Challenge to Will in North Carolina

Posted on Feb 15, 2017 in challenging a last will and testament, Contesting a Will, NC Estate Litigation Attorney

 A court hearing turned into victory in the challenge to Will in North Carolina. A Surry County Superior Court rejected a challenge to the last will and testament in $1 million estate. The challenger was the brother of the deceased testator. The brother alleged the testator was incapable of making the will due to competency. Judge Hinnant granted summary judgment to the family friend named as the estate’s beneficiary under the will. The caveator’s attack was defeated and the caveator’s case was dismissed. The testator, Mr. Creed was 91 at the time of his death. He did not have a...

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What’s an Equitable Lien?

Posted on Dec 13, 2016 in Fiduciary Litigation Attorney NC

What is an equitable lien? An equitable lien is a device created by North Carolina courts to protect people whose money is wrongfully spent by someone else to improve that other person’s property.  Courts can give the victim a right to be paid from the sale of the property. This right to payment attaches specifically to the wrongfully improved or purchased property. FOR EXAMPLE, Andrew is Vicky’s power of attorney.  Andrew wants to buy a new house, so he uses his power to take $50,000 from Vicky to help pay for it.  However, Vicky never gave Andrew permission to take the money.  Vicky now...

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What is a resulting Trust?

Posted on Dec 9, 2016 in Fiduciary Litigation Attorney NC

What is a resulting Trust? Our main law firm webpage discusses in greater detail the following type of equitable claim in litigation: “For example, Victor gives to Alvin $150,000.00 with the intention that Alvin use the money to buy Victor a house. Alvin takes the money from Victor and uses it to buy the house Victor wants. However, instead of turning over the house to Victor, Alvin puts the deed to the property is his own name keeps the house he bought with Victor’s funds. Alvin prevents Victor from being able to enjoy what should be Victor’s property. Alvin now holds the property in...

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Attested Wills In North Carolina

Posted on Nov 9, 2016 in challenging a last will and testament

Testamentary Formalities – Attested Wills In North Carolina In North Carolina, the most common type of will is the attested written will, governed by N.C. Gen. Stat. § 31-3.3. An attested will is witnessed by others. Attest meaning “to declare to be true, to bear witness to, certify”. The statute has four requirements, all of which are necessary for a valid attested written will. (1)First, an attested written will must be signed by the testator and attested by at least two competent witnesses.  This means that the person who seeks to create her last will and testament must sign the will, and...

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