Posts made in May, 2015

Elective Share Spouses Estates NC Attorney

Posted on May 14, 2015 in Fiduciary Litigation Attorney NC, NC Estate Litigation Attorney, News

What happens if my spouse writes me out of his will? Answer: There’s one person in NC that can’t be disinherited from an estate. It’s the dead person’s spouse. To protect your interest, you have to file an elective share action within 6 months of the will being probated. If a spouse is written out of a will, then that spouse has options. Kirk Sanders, Estate Litigation Attorney, has handled these types of cases. This also applies if the surviving spouse is not given enough by the dead spouse’s estate. One situation included a stipulation in the will that the surviving spouse received a...

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Estates Selling Property to Pay Debts

Posted on May 7, 2015 in News

What if the estate lacks enough cash to pay debts of the estate? Answer: The administrator or executor will have to petition to sell real or personal property to pay the debts. 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...

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