NC Estate Litigation Attorney

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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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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