Basic List of Grounds to Contest a Trust
Do you have concerns about a trust being done improperly? What are some of the main grounds for contesting a trust? This video is a short and general outline of the types of challenges, including: Undue Influence, Lack of Capacity, Elder Abuse, Fraud, Forgery, Lack of Due Execution, Mistake, & Revocation. Also mentioned are claims for Breach of Fiduciary Duty by a trustee, such as when a trustee misappropriates trust funds. The video is a brief overview of types of claims. Later videos by NC Trust Litigation Attorney, Kirk Sanders, will take a deeper dive into different types of...
Read MoreDearman Prevails in NC Will Contest Trial Victory
NEWS RELEASE: NC Estate Litigator, Josh Dearman, argued before a Randolph County jury that the signature on probated Will of Tony Merritt was not the dead man’s signature. November 7, 2022 trial session of Randolph County Superior Court, the Caveat to the Last Will and Testament of Tony Randall Merritt was tried before the Honorable Judge Lee Gavin. Following a three-day trial, the Randolph County jury returned a unanimous verdict in favor of the Caveator Candy Monita, invalidating the challenged will which was filed by Propounder Billie Jo DeNoyelles. During the course of the trial, the...
Read MoreHow to Contest a Will In North Carolina
Is this the situation you find yourself: You thought you were a beneficiary under a Last Will & Testament. You believed you were designated to receive a dead person’s life insurance policy or financial account. Did the decedent (dead person) lack testamentary capacity to change or make a will? Was the decedent improperly influenced to change their will or to change the beneficiary designations? There is a way to challenge your loss of inheritance. There may be cause to bring a challenge to the validity of the will and/or beneficiary designations. Or perhaps you are the beneficiary...
Read MoreWill Challenge Litigation Timeline in NC
NC Estate Litigation Attorney, Kirk Sanders, discusses the time period and different stages of litigation over a challenged Last Will and Testament in North Carolina. This must-see video is for the potential client to understand what to expect time wise when attacking / challenging a decedent’s last will and testament. The video includes a discussion about the filing of the complaint or caveat, alignment of the parties, discovery process, mediation, and trial. Timeline & Description of Phases in Caveat Litigation (NC) Call Kirk Sanders at Hendrick Bryant Nerhood Sanders & Otis...
Read MoreRevoking a Will Litigation North Carolina
Revoking a Will Litigation North Carolina Life changes quickly. Often, these changes mean that testator’s last will and testament no longer reflects her desire for the distribution of property after her death. When that happens, she may want to revoke her prior will. The testator has several options to consider if she wants to revoke her prior will. If a testator (or maker of the will) wants to revoke a Last Will & Testament, she should #1 go see her attorney. This is not an action to be done without sound legal advice. There are consequences to this action. Sometimes wills go missing....
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