Will 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 MoreVictory in Challenge to Will in North Carolina
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...
Read MoreLis Pendens NC & freezing estate assets
Lis Pendens is one of the more important filings in a Will Contest or Fiduciary Litigation in North Carolina (NC). Lis Pendens roughly means ‘litigation pending’ and puts persons on notice that the real estate involved in the estate, trust or fiduciary matter is part of a lawsuit. In North Carolina litigation matters, this is an extremely powerful tool. Without the lis pendens, it’s possible for real estate that could be brought into the case gets transferred. One of the main questions to be asked before pursuing an estate litigation claim is whether there are still assets...
Read MoreSummer Redstone- example of competency challenge
Is Redstone Competent To Take Actions Or Not? At 92 years old, Sumner M. Redstone is currently a director, chairman emeritus, and controlling shareholder of 80% of the voting shares of Viacom and CBS. Redstone will remain in control until he either dies or is declared incompetent. During testimony in the lawsuit concerning his competency, Judge David J. Cowan stated that he was strongly considering Redstone’s motion to dismiss the case, which would leave Redstone in charge of his $42 billion media empire. Manuela Herzer, Redstone’s former lover, brought the suit in Los Angeles, California...
Read MoreContesting a Will in NC – Testamentary Capacity
When contesting a will in NC based on lack of capacity, the general rule is: A testator-decedent has testamentary capacity if he: – comprehends the natural objects of his bounty; – understands the kind, nature, and extent of his property; – knows the manner in which he desires his act to take effect; and – realizes the effect his act will have upon his estate. This is the general rule. It means that even if someone is insane, they could still possibly have testamentary capacity. In addition, just because someone cannot read or write, they can still make a will. The...
Read MoreContesting a Will, but Which Will
Contesting a Will & the Deadman’s Statute – the case of In Re Will of Lamparter, 348 N.C. 45 (1997) The NC Decededent had a typed up Last Will and Testatment. Later the decedent wrote a handwritten codicil (Addendum) to that Last Will. But later, after passing, someone found an undated 8 page handwritten document purporting to be the Last Will. Did it revoke the prior will? So the typed Last Will was probated. Thus the challengers of that typed will, the caveators, said the handwritten will (holographic will) was the Last Will and should govern the estate. Problem/Issue:...
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