Lis 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 MoreDiscovery in Will Contests
When the probate litigation lawyers at Hendrick Bryant file a Will Contest (will Caveat), we also file discovery requests per the N.C. Rules of Civil Procedure. If the case is based on capacity of the testator at the time of execution of the Last Will & Testament or if it’s based on Undue Influence on the testator, then medical records are vitally important. So we ask for medical records around the time the will was executed and beforehand. These requests include: Medical & health records and bills from {DATE} to her Date of Death, including: medical records doctors notes...
Read MoreBasic Overview of Will Contests in North Carolina
Will Caveats are a strange creature in the North Carolina Court system. They start out as an estate. The Estate gets transferred to Superior Court. Will Contests cases must be tried by a jury, not a bench trial. It all boils down to whether the testator (Signer of the Last Will & Testament) knew what he or she was doing by making the will, and did it of his or her own free will without undue influence. Undue Influence has a whole spectrum of factors dealt with in other news articles on this website. Call NC Estate Litigation Attorney, Kirk Sanders, to discuss your case. 336-768-1515...
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