Warning Signs of Estate Conflict or Trust Conflict
Are there Strange Times affecting a loved one or dear friend or family member? Have you experienced: A family member “takes over” your loved one’s finances Someone tells you “they’re in charge of” your family member Someone makes it impossible to see your family member or dear friend as they have gotten older Your loved one’s telephone number gets disconnected This new person controls calls coming into your family member You never get the opportunity to speak with your parent alone without the interloper in the room Or listening in on your calls Or correcting your family member’s statements...
Read MoreEstoppel & Estate Challenges in NC
Will Caveat Issue: What if the caveator has already accepted property under the will he/she wants to attack? Does the Doctrine of Estoppel apply? Estoppel General Rule: one who accepts the benefits under a will is estopped to contest the will’s validity. General Rule 2: ‘One cannot be estopped by accepting that which he would be legally entitled to receive in any event.’ Lamanski, 149 N.C. App. at 651, 561 S.E.2d at 540 (citing Mansour v. Rabil, 277 N.C. 364, 177 S.E.2d 849 (1970); quoting In re Will of Peacock, 18 N.C. App. 554, 556, 197 S.E.2d 254, 255 (1973)). Said...
Read MoreNew North Carolina Power of Attorney Law
New Power of Attorney laws went into effect on January 1, 2018. These will help prevent misappropriation of principal’s funds by the agent (the “POA”). For more information on the legislations, here’s an article by the NC School of Government: Judicial Relief under the New GS Chapter 32C, the North Carolina Uniform Power of Attorney Act W. Kirk Sanders, Attorney Hendrick Bryant Nerhood Sanders & Otis, LLP 723 Coliseum Dr. Ste. 101 Winston-Salem, NC 27106 Telephone: (336)723-7200 Facsimile: (336)723-7201 Home Will Caveats & Fiduciary Abuses/ Condemnation Cases...
Read MoreOpening and Inventory of Decedent’s Safe-Deposit Box
§ 28A-15-13. Opening and inventory of decedent’s safe-deposit box. In an estate, many valuable are kept in a safe deposit box. These boxes should be opened with care and with due caution. It is recommended in the situation where it is not required (See below), that the executor open the box in the presence of an independent person and the beneficiaries. That way everyone is present who has an interest in the contents of the safe-deposit box. If no one has the Clerk’s authority, no one can enter an individual’s safe deposit box without the Clerk (see section (b) below)....
Read MorePlan for Dividing up Assets of Parent’s estate
Issue: How to prevent estate litigation between heirs Parents/Testators- be specific in your gifts. Have a plan for dividing up personal property. Beware of just saying “all my personal property to be divided in equal shares between my four children”. If you do that, you may cause the kids to fight over the same items. Tracy Bennett, a clinical psychologist, experienced this. She learned from the experience and designed methods to help families divide estates. A link to a NY Times article is below. She makes this point: “I ask parents to think just for a second what it would be like on...
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