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...
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....
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 Estate Litigation Attorney, Kirk Sanders, at 336-768-1515
Read MoreProbating Lost Wills
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...
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...
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