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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Bifurcated Will Contests in NC

Posted by on Apr 29, 2015 in News | 0 comments

Sometimes there are several different wills/documents purporting to be the will of the deceased, such that different parties are contending one over the other should be ruled as the Last Will and Testament of the deceased. Each party may want a different will as the will to use because one or the other benefits that particular party as opposed to the others. If there are competing last wills happens, the trial may be bifurcated. Bifurcation is when the jury decides one issue, then after that decision, more evidence is presented and the jury...

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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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