Posts by kirk_sanders

How to Compel Filing of a Will

Posted on May 8, 2017 in Fiduciary Litigation Attorney NC, NC Estate Litigation Attorney

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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Probating Lost Wills

Posted on Apr 24, 2017 in NC Estate Litigation Attorney

What to do when you need to Probate a Lost Will? Have you ever lost something? What if you lost a will and no matter how hard you looked, you could not find it?  Many clients worry that if they cannot find the original will, then they are simply out of luck.  Fortunately, this situation is not as rare as you might think, and North Carolina has procedures in place so that a person may probate a will, even if it has been lost. (Sometimes wills get “lost” by a person who didn’t like what they would receive in that lost will.) To probate a lost will under North Carolina law, a person must file a...

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POA Abuse Signs: The Fraud Triangle

Posted on Mar 10, 2017 in Power of attorney abuse NC

How to look for POA abuse signs? For starters know the Fraud Triangle. The Fraud Triangle is 1) Opportunity, 2) Pressure, 3) Rationalization.  Other terms include: Perceived Opportunity, Perceived Pressure, and Rationalization. What does that mean when you are considering appointing someone as your Attorney-in-Fact or Power of Attorney agent? If your agent fits one of these three sides of the triangle, then they are likely not fit to serve as the agent of your assets. Perceived Opportunity: This is the ability to execute a plan without being caught. For instance there is no one that the POA...

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Victory in Challenge to Will in North Carolina

Posted on Feb 15, 2017 in challenging a last will and testament, Contesting a Will, NC Estate Litigation Attorney

 A court hearing turned into victory in the challenge to Will in North Carolina. A Surry County Superior Court rejected a challenge to the last will and testament in $1 million estate. The challenger was the brother of the deceased testator. The brother alleged the testator was incapable of making the will due to competency. Judge Hinnant granted summary judgment to the family friend named as the estate’s beneficiary under the will. The caveator’s attack was defeated and the caveator’s case was dismissed. The testator, Mr. Creed was 91 at the time of his death. He did not have a...

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What’s an Equitable Lien?

Posted on Dec 13, 2016 in Fiduciary Litigation Attorney NC

What is an equitable lien? An equitable lien is a device created by North Carolina courts to protect people whose money is wrongfully spent by someone else to improve that other person’s property.  Courts can give the victim a right to be paid from the sale of the property. This right to payment attaches specifically to the wrongfully improved or purchased property. FOR EXAMPLE, Andrew is Vicky’s power of attorney.  Andrew wants to buy a new house, so he uses his power to take $50,000 from Vicky to help pay for it.  However, Vicky never gave Andrew permission to take the money.  Vicky now...

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