NC Estate Litigation Attorney

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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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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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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Producing a Will in NC

Posted on Aug 31, 2015 in Contesting a Will, NC Estate Litigation Attorney

Yes this does happen. You know the decedent did a will. Maybe they even showed you. But now that they died, Cousin/Sibling X went through the house and now the Will is gone. Perhaps Cousin X didn’t get exactly what they wanted in Decedent’s will. Maybe Cousin X has ulterior motives, eg. clean out the possessions beforehand or try to inherit intestate or they were disinherited. You can guess their motives. Nonetheless, not you can’t find the testator’s Last Will & Testament. In this situation, the Courts in North Carolina permit someone to file an application or an affidavit....

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