Posts made in February, 2015

Will Contest Propounders & Caveators

Posted on Feb 22, 2015 in News

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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Basic Overview of Will Contests in North Carolina

Posted on Feb 22, 2015 in NC Estate Litigation Attorney, will contest attorney NC

Will Caveats are a strange creature in the North Carolina Court system. They start out as an estate. The Estate gets transferred to Superior Court. Will Contests cases must be tried by a jury, not a bench trial. It all boils down to whether the testator (Signer of the Last Will & Testament) knew what he or she was doing by making the will, and did it of his or her own free will without undue influence. Undue Influence has a whole spectrum of factors dealt with in other news articles on this website. Call the NC Estate Litigation Attorneys at Hendrick Bryant to discuss your case....

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

Posted on Feb 12, 2015 in News

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, bills, receipts. Keep them in a large container,...

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

Posted on Feb 10, 2015 in News

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 misappropriation or embezzlement by a trustee, Kirk...

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What is being attacked in a Will Contest

Posted on Feb 5, 2015 in News

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 filed within three years of the will being...

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