Producing a Will in NC
Yes this does happen. You know the decedent did a will. Maybe they even showed you. But now that they died, Cousin/Sibling X went through the house and now the Will is gone. Perhaps Cousin X didn’t get exactly what they wanted in Decedent’s will. Maybe Cousin X has ulterior motives, eg. clean out the possessions beforehand or try to inherit intestate or they were disinherited. You can guess their motives. Nonetheless, not you can’t find the testator’s Last Will & Testament. In this situation, the Courts in North Carolina permit someone to file an application or an affidavit....
Read MoreEstate Challenge- failure to distribute (in NC)
One type of challenge in an estate is the failure of the Executor to carry out his or her duties. So, the will is fine, but the person fails to either 1) pay bills of the estate, 2) file accountings with the clerk, or 3) distribute assets to the beneficiaries. The basic rules in Chapter 28A require the executor (aka personal representative or administrator) to perform their duties. Below is the Statute. If you have problems with the executor failing to perform the duties, call NC Will Contest Attorney Kirk Sanders at 336-723-7200. § 28-A-132. General duties; relation to persons interested in...
Read MoreContesting a Will Litigation in NC
Will Contests a/k/a Will Caveats are a mysterious kind of case in the civil litigation realm. They are unique. Lawsuits challenging a wills validity are an in rem proceeding. This means it’s a lawsuit describing the power a court may exercise over property. Colloquilly will contests are called breaking a will Typically, these are emotionally charged cases, much like a domestic case. Most times family members are pitted against each other. For example, siblings vs. siblings. Children vs. stepparent, cousins vs. cousins, etc. The procedure to follow in a will contest in North Carolina is...
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