News

Dearman Prevails in NC Will Contest Trial Victory

Posted by on Nov 18, 2022 in News | 0 comments

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...

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Warning Signs of Estate Conflict or Trust Conflict

Posted by on Nov 19, 2021 in News | 0 comments

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...

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How to Contest a Will In North Carolina

Posted by on Sep 28, 2020 in News | 0 comments

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...

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Estoppel & Estate Challenges in NC

Posted by on May 20, 2019 in News | 0 comments

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....

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New North Carolina Power of Attorney Law

Posted by on Mar 9, 2018 in News | 0 comments

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...

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