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Will Contest Issues in NC

Posted by on Apr 28, 2015 in News | 0 comments

If a Will contest aka Will Caveat is filed in North Carolina, then when it goes to trial there will be issues for only a jury to determine. The parties defending the probated will are called the propounder(s) of this writing. The propounder seeks to establish the writing as a valid will. The challengers of the probated will are called the caveator(s). The caveator contests and challenges whether this writing is a valid will for certain legal reasons. The writing at issue marked as propounder’s exhibit (The Probated Will in the will...

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Will Contest Propounders & Caveators

Posted by on Feb 22, 2015 in News | 0 comments

There are two sets of parties in a Will Contest in North Carolina, the Propounders (defenders of the probated will) & Caveators (challengers to the filed will). Call Kirk Sanders, attorney, if you need representation either as a caveator or propounder in a will contest. 336-723-7200

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Power-of-Attorney Do’s & Don’t’s (NC POA Attorney)

Posted by on Feb 12, 2015 in News | 0 comments

1) Remember the #1 Rule: the Power of Attorney agent (a/k/a Attorney-in-Fact) must act in the “best interest of the principal” (Principal is the person who executes the power of attorney) 2) Remember #2 Rule: the power of attorney agent acts as a fiduciary for the principal. a. One definition of fiduciary is: A fiduciary is a legal or ethical relationship of trust between two or more parties. Typically, a fiduciary prudently takes care of money for another person. Another includes the definition: Trustee. 3) Rule #3: Maintain all statements,...

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Trusts-Trustee in NC has duty to Give Accounting (NC attorney)

Posted by on Feb 10, 2015 in News | 0 comments

Issue: You are a beneficiary of a trust but the trustee won’t tell you what’s in the trust, how much is in the trust. This comes up more and more. Unless the trust document says otherwise, trustees have a duty to provide an accounting to a beneficiary. In addition the trustee has a duty to provide the trust document. Clients have hired me on numerous occasions to get these accountings and the trust documents. If you are in a position where you are not getting informed, please contact Kirk Sanders at 336-724-4707 If you have a case of...

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What is being attacked in a Will Contest

Posted by on Feb 5, 2015 in News | 0 comments

A Will caveat is an in rem proceeding. N.C. Gen. Stat. § 31-32. It is an attack upon the validity of the instrument purporting to be a will. The will and not the property devised is the res (or probated assets) involved in the litigation. So when a caveator is contesting a will in NC, they are attacking the validity of the will, not the estate. An attack on the estate, or interpretation of the will, is a different type of estate litigation case. See also 1961 case, IN THE MATTER OF THE WILL OF SARA B. COX, Deceased A will contest has to be...

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