News

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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Opening and Inventory of Decedent’s Safe-Deposit Box

Posted by on Nov 28, 2017 in News | 0 comments

§ 28A-15-13. Opening and inventory of decedent’s safe-deposit box. In an estate, many valuable are kept in a safe deposit box. These boxes should be opened with care and with due caution. It is recommended in the situation where it is not required (See below), that the executor open the box in the presence of an independent person and the beneficiaries. That way everyone is present who has an interest in the contents of the safe-deposit box. If no one has the Clerk’s authority, no one can enter an individual’s safe deposit...

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Lis Pendens NC & freezing estate assets

Posted by on Nov 2, 2016 in Contesting a Will, News, trust litigation NC, will contest attorney NC | 0 comments

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...

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