Kirk Sanders, a NC attorney, reports the following 2014 will contest results in North Carolina:
1) Court: Surry County (Mt. Airy, NC)
In this caveat, Kirk Sanders represented the caveator (will challenger) in a case where the daughter of the decedent created a well using an online source (presumably legal zoom). The will left out one of the decedent’s children. Result: The disinherited child was ordered to receive his 1/3 share in the decedent’s estate. Case included depositions of the daughter and discovery. Case resolved in mediation.
Judge: the Honorable Moses Massey approved the resolution
2) Court: Forsyth County (Winston-Salem, NC)
Result: Kirk Sanders represented the propounders (defenders of the probated will). In this will contest case, Kirk Sanders successfully forced the caveators to dismiss their claims.
3) Court: Davidson County (Lexington, NC)
Result: Kirk Sanders represented the caveators (children of the decedent). The propounders agreed to settle this will challenge and declare the will invalid. The will was a sham will. A sham will is when the document probated as a will was not a true will executed by the decedent. In this case, the will signature of decedent was forged. The settlement is awaiting court approval.
The resolution includes that the family farm land will go to the children and the children will inherit the decedent’s estate per the intestate statutes, meaning the inheritance will be divided as though the decedent did not have a will. Follow-up litigation for the caveators includes disgorging the ill gotten gains of the sham will received by the propounder.