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Contesting a Will in NC – Testamentary Capacity

Posted by on Jan 9, 2016 in challenging a last will and testament, Contesting a Will, News | 0 comments

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...

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Power of Attorney Abuse Settlement for $1.5million

Posted by on Oct 30, 2015 in Fiduciary Litigation Attorney NC, News | 0 comments

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...

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Discovery in Will Contests

Posted by on Oct 21, 2015 in challenging a last will and testament, Contesting a Will, News, will contest attorney NC | 0 comments

When the probate litigation lawyers at Hendrick Bryant file a Will Contest (will Caveat), we also file discovery requests per the N.C. Rules of Civil Procedure. If the case is based on capacity of the testator at the time of execution of the Last Will & Testament or if it’s based on Undue Influence on the testator, then medical records are vitally important. So we ask for medical records around the time the will was executed and beforehand. These requests include: Medical & health records and bills from {DATE} to her Date of...

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Elective Share Spouses Estates NC Attorney

Posted by on May 14, 2015 in Fiduciary Litigation Attorney NC, NC Estate Litigation Attorney, News | 0 comments

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...

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Estates Selling Property to Pay Debts

Posted by on May 7, 2015 in News | 0 comments

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...

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