Basic 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 MoreDearman Prevails in NC Will Contest Trial Victory
NEWS RELEASE: NC Estate Litigator, Josh Dearman, argued before a Randolph County jury that the signature on probated Will of Tony Merritt was not the dead man’s signature. November 7, 2022 trial session of Randolph County Superior Court, the Caveat to the Last Will and Testament of Tony Randall Merritt was tried before the Honorable Judge Lee Gavin. Following a three-day trial, the Randolph County jury returned a unanimous verdict in favor of the Caveator Candy Monita, invalidating the challenged will which was filed by Propounder Billie Jo DeNoyelles. During the course of the trial, the...
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 MoreHow to Contest a Will In North Carolina
Is this the situation you find yourself: You thought you were a beneficiary under a Last Will & Testament. You believed you were designated to receive a dead person’s life insurance policy or financial account. Did the decedent (dead person) lack testamentary capacity to change or make a will? Was the decedent improperly influenced to change their will or to change the beneficiary designations? There is a way to challenge your loss of inheritance. There may be cause to bring a challenge to the validity of the will and/or beneficiary designations. Or perhaps you are the beneficiary...
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...
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