How Do I Contest a Will in North Carolina?
It starts with filing a will caveat pleading in the estate file. Then a special citation will need to be issued to all the interested parties in the estate, whether named in the challenged will, beneficiaries of the prior wills, or intestate beneficiaries. After that the clerk will transfer the estate file to the Superior Court Trial division. The personal representative of the estate will be ordered to suspend any distributions of assets and only do what is necessary to preserve and protect the estate assets. After that full blown litigation will commence based on the challenges to the...
Read MoreWhat are signs of trust issues?
Is the trustee not providing accountings to you? Have you seen the actual trust agreement? Have your trust distributions changed or been cut-off? These are just a few of the signs you may have a trust issue and need an attorney. Here is a 2minute video: Call Kirk Sanders at 336-768-1515 to discuss your trust...
Read MoreWhen should I be worried about the trust?
If you are a beneficiary of a trust and the trustee refuses to give you accountings, distributions, or share documents, then you should be concerned. It’s time to consult with a trust dispute attorney. Here is a 2 minute video that discusses the “Warning Signs” in a trust: Call Kirk Sanders at 336-768-1515 to discuss your trust...
Read MoreBasic 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 MoreWarning 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 MoreWho can challenge a Will In North Carolina?
Who Can Challenge a Will in North Carolina? Answer: An interested party can contest a Last Will and Testament within three years of the application for probate of the will. Who is an interested party to challenge a Will? Answer: A beneficiary under a prior Last Will and Testament or someone who would inherit under NC’s intestacy laws, such as a spouse, child, and children of deceased child. This list is not exhaustive. This is a matter of “standing” so you are a person with a right to bring the will contest case. Is this the situation you find yourself: You were a beneficiary...
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