Posts made in December, 2014

The Sham Will – Will Contest Lawsuit

Posted on Dec 19, 2014 in News

What is a Sham Will? This challenge of a last will and testament is based on the contention that the will was bogus, a fraud, a forged will. Bottom line: the caveators are claiming the will is a fake. Kirk Sanders litigated one such sham will (see copy-the names have been removed). This one was juicy (not a legal term). For starters, Sanders got hired right before a clerk of court hearing six months into the estate process. The clerk was hearing the case to determine the validity of the will based on the execution formalities. If you look at the attached image, you’ll probably see why. So we...

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Litigation Involving a Will Contest to be determined by a Jury in NC

Posted on Dec 18, 2014 in News

Will Contests in North Carolina (known as Will Caveats) are a special type of civil litigation. The statutes require that will contests can only be resolved with a jury trial, not a bench decision. There are a few newer exceptions, including that the parties involved can reach a written settlement that can be approved by a judge. However, before the statutes changed, even if the parties agreed to a settlement, it still had to be ruled upon by a jury. One amusing example where this was applied and backfired on the parties occurred while Judge Rousseau was a Superior Court Judge. Judge...

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2014 Will Contests Case Results for Kirk Sanders, NC Attorney

Posted on Dec 16, 2014 in News

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...

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