News

New North Carolina Power of Attorney Law

Posted on Mar 9, 2018 in News

New Power of Attorney laws went into effect on January 1, 2018. These will help prevent misappropriation of principal’s funds by the agent (the “POA”). For more information on the legislations, here’s an article by the NC School of Government: https://civil.sog.unc.edu/judicial-relief-under-the-new-gs-chapter-32a-the-north-carolina-uniform-power-of-attorney-act/ W. Kirk Sanders, Attorney Hendrick Bryant Nerhood Sanders & Otis, LLP 723 Coliseum Dr. Ste. 101 Winston-Salem, NC 27106 Telephone: (336)723-7200 Facsimile: (336)723-7201 http://www.hendricklawfirm.com/...

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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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Lis Pendens NC & freezing estate assets

Posted on Nov 2, 2016 in Contesting a Will, News, trust litigation NC, will contest attorney NC

Lis Pendens is one of the more important filings in a Will Contest or Fiduciary Litigation in North Carolina (NC). Lis Pendens roughly means ‘litigation pending’ and puts persons on notice that the real estate involved in the estate, trust or fiduciary matter is part of a lawsuit. In North Carolina litigation matters, this is an extremely powerful tool. Without the lis pendens, it’s possible for real estate that could be brought into the case gets transferred. One of the main questions to be asked before pursuing an estate litigation claim is whether there are still assets...

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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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Estoppel & Challenging last will & testament in NC

Posted on Mar 18, 2016 in challenging a last will and testament, News

Will Caveat Issue: What if the caveator has already accepted property under the will he/she wants to attack? Does the Doctrine of Estoppel apply? Estoppel General Rule: one who accepts the benefits under a will is estopped to contest the will’s validity. Said another way: one who accepts the benefits of a transaction or under an instrument can’t turn around to take a later position inconsistent with that previous transaction/instrument. Estoppel Rule 2/Distinction/Exception: ‘One cannot be estopped by accepting that which he would be legally entitled to receive in any...

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Power of Attorney Embezzlement Case in NC Top 25 Verdicts & Settlements

Posted on Jan 14, 2016 in News

NC Fiduciary Litigation Attorney, Kirk Sanders, victory on behalf of his octogenarian client made NC Lawyers Weekly’s Top 25 Verdicts & Settlements for 2015.  NC Lawyers Weekly Top 25 Verdicts & Settlements of 2015 This was a case where an octogenarian’s child wiped out all his accounts, valued at $1,000,000 and deeded all his property to herself as a life estate remainderman. The lawsuit filed by Sanders alleged power of attorney embezzlement, POA misappropriation, POA misuse of funds, and breach of fiduciary duty. Mr. Sanders and co-counsel, Bryan Thompson, worked...

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