Posts by will_caveat_admin

Estate Challenge- failure to distribute (in NC)

Posted on Aug 31, 2015 in NC Estate Litigation Attorney

One type of challenge in an estate is the failure of the Executor to carry out his or her duties. So, the will is fine, but the person fails to either 1) pay bills of the estate, 2) file accountings with the clerk, or 3) distribute assets to the beneficiaries. The basic rules in Chapter 28A require the executor (aka personal representative or administrator) to perform their duties. Below is the Statute. If you have problems with the executor failing to perform the duties, call NC Will Contest Attorney Kirk Sanders at 336-723-7200. § 28-A-132. General duties; relation to persons interested in...

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Contesting a Will Litigation in NC

Posted on Aug 11, 2015 in challenging a last will and testament

Will Contests a/k/a Will Caveats are a mysterious kind of case in the civil litigation realm. They are unique. Lawsuits challenging a wills validity are an in rem proceeding. This means it’s a lawsuit describing the power a court may exercise over property. Colloquilly will contests are called breaking a will Typically, these are emotionally charged cases, much like a domestic case. Most times family members are pitted against each other. For example, siblings vs. siblings. Children vs. stepparent, cousins vs. cousins, etc. The procedure to follow in a will contest in North Carolina is...

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Elective Share Spouses Estates NC Attorney

Posted on May 14, 2015 in Fiduciary Litigation Attorney NC, NC Estate Litigation Attorney, News

Case of Elective share. There’s one person in NC that can’t be disinherited from an estate. It’s the dead person’s spouse. If a spouse is written out of a will, then that spouse has options. Kirk Sanders, Estate Litigation Attorney, has handled these types of cases. This also applies if the surviving spouse is not given enough by the dead spouse’s estate. One situation included a stipulation in the will that the surviving spouse received a life estate in a piece of property on the condition that he not co-habitate with other women. Our firm’s estate litigation attorneys were able...

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Estates Selling Property to Pay Debts

Posted on May 7, 2015 in News

Issue: Estate without enough cash to pay debts of the estate. What happens: Petition to sell real or personal property Occasionally an estate has to sell assets of the estate to pay debts and expenses. Normally, this is not a problem if there are heirs to share and share alike. But what happens if the executor or public administrator wants to sell a specific assets, such as real property, that would be inherited by Beneficiary X, which in turn benefits the remaining heirs as a result. This happens. Kirk Sanders has contested cases in this situation. First prong of the attack was the actual...

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Bifurcated Will Contests in NC

Posted on Apr 29, 2015 in News

Sometimes there are several different wills/documents purporting to be the will of the deceased, such that different parties are contending one over the other should be ruled as the Last Will and Testament of the deceased. Each party may want a different will as the will to use because one or the other benefits that particular party as opposed to the others. If there are competing last wills happens, the trial may be bifurcated. Bifurcation is when the jury decides one issue, then after that decision, more evidence is presented and the jury decides the subsequent issues. This way, the court...

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