Kirk Sanders Teaches NCBAR Paralegal Division
On May 5, 2017, Kirk Sanders spoke at the North Carolina Bar Association’s Annual Paralegal meeting in Pinehurst, NC. His one hour topic was POA Abuse and Litigation under North Carolina law. At the course, he taught about warning signs for abuse and misappropriation by the POA agent. He spoke on the fraud triangle. The fraud triangle involves weaknesses in the situation where the agent has opportunity to mismanage or steal, there’s perceived pressure on the agent (eg. debt issues, divorce, no savings), and rationalization by the agent concerning their bad faith acts. The...
Read MorePersonal Representative’s Inspection of Assets
Personal Representative’s Inspection of Assets in an Estate: What do you do when a family member refuses to turn over property to you as the personal representative of the estate? What can you do when your demands to return the property are ignored? Fortunately, North Carolina gives personal representatives, both administrators and executors of the estate, numerous tools to put estate assets back in the rightful owners’ hands. N.C. Gen. Stat. § 28A-15-12 allows personal representatives to sue in superior court to recover any property of any kind belonging to the estate. The statute...
Read MoreHow to Compel Filing of a Will
Problem: Someone has the original Lost Will & Testament but refuses to file it. Or they refuse to give it to you to probate with the Clerk of Court. Solution: Motion to Compel Production of a Will To learn more, go to my companion website and read more on this subject at http://kirksanderslaw.com/blog/compelling-production-will For your fiduciary litigation needs, contact the Estate Litigation Attorneys at Hendrick Bryant at 336-723-7200
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