Posts by will_caveat_admin

Opening and Inventory of Decedent’s Safe-Deposit Box

Posted on Nov 28, 2017 in News

§ 28A-15-13. Opening and inventory of decedent’s safe-deposit box. In an estate, many valuable are kept in a safe deposit box. These boxes should be opened with care and with due caution. It is recommended in the situation where it is not required (See below), that the executor open the box in the presence of an independent person and the beneficiaries. That way everyone is present who has an interest in the contents of the safe-deposit box. If no one has the Clerk’s authority, no one can enter an individual’s safe deposit box without the Clerk (see section (b) below)....

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Plan for Dividing up Assets of Parent’s estate

Posted on Apr 26, 2016 in challenging a last will and testament, News

Issue: How to prevent estate litigation between heirs Parents/Testators- be specific in your gifts. Have a plan for dividing up personal property. Beware of just saying “all my personal property to be divided in equal shares between my four children”. If you do that, you may cause the kids to fight over the same items. Tracy Bennett, a clinical psychologist, experienced this. She learned from the experience and designed methods to help families divide estates. A link to a NY Times article is below. She makes this point: “I ask parents to think just for a second what it would be like on...

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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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Power of Attorney Abuse Settlement for $1.5million

Posted on Oct 30, 2015 in Fiduciary Litigation Attorney NC, News

NC Fiduciary Litigation Attorney, Kirk Sanders, and co-counsel, Bryan Thompson, settled a lawsuit against the power of attorney for an elderly octogenarian. The case was filed, along with discovery and a motion for a preliminary injunction to protect the assets. The case was reported in North Carolina Lawyers Weekly, September 28, 2015 edition. The elderly plaintiff had $1,000,000 in financial assets taken out of his control and name. Within 2 weeks, the power of attorney went to the plaintiff’s banks, closed all his accounts, and transferred the money to sequestered, unknown banks....

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Process to Contest a Will

Posted on Sep 2, 2015 in challenging a last will and testament, Contesting a Will

In North Carolina, to contest a will there is the following general process: 1) Caveat filing. This is the complaint to be filed by the attorneys for the caveators or challengers of the will. It’s filed in Superior Court in the county where the will was probated. This has to be filed within 3 years of the time of death/probate of will. 2) Bond paid to the clerk for the Caveat. Not a large bond. 3) Order to suspend estate except for maintenance. The Caveator’s attorney files this to be signed by the Clerk in the Estates division. Keeps the assets of the estate from being distributed prior to...

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