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Estoppel & Challenging last will & testament in NC

Posted by on Mar 18, 2016 in challenging a last will and testament, 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. Said another way: one who accepts the benefits of a transaction or under an instrument can’t turn around to take a later position inconsistent with that previous transaction/instrument. Estoppel Rule 2/Distinction/Exception: ‘One cannot be estopped by accepting that which he would...

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Power of Attorney Embezzlement Case in NC Top 25 Verdicts & Settlements

Posted by on Jan 14, 2016 in News | 0 comments

NC Fiduciary Litigation Attorney, Kirk Sanders, victory on behalf of his octogenarian client made NC Lawyers Weekly’s Top 25 Verdicts & Settlements for 2015.  NC Lawyers Weekly Top 25 Verdicts & Settlements of 2015 This was a case where an octogenarian’s child wiped out all his accounts, valued at $1,000,000 and deeded all his property to herself as a life estate remainderman. The lawsuit filed by Sanders alleged power of attorney embezzlement, POA misappropriation, POA misuse of funds, and breach of fiduciary duty. Mr....

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Contesting a Will in NC – Testamentary Capacity

Posted by on Jan 9, 2016 in challenging a last will and testament, Contesting a Will, News | 0 comments

When contesting a will in NC based on lack of capacity, the general rule is: A testator-decedent has testamentary capacity if he: – comprehends the natural objects of his bounty; – understands the kind, nature, and extent of his property; – knows the manner in which he desires his act to take effect; and – realizes the effect his act will have upon his estate. This is the general rule. It means that even if someone is insane, they could still possibly have testamentary capacity. In addition, just because someone cannot...

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Power of Attorney Abuse Settlement for $1.5million

Posted by on Oct 30, 2015 in Fiduciary Litigation Attorney NC, News | 0 comments

NC Fiduciary Litigation Attorney, Kirk Sanders, and co-counsel, Bryan Thompson, settled a lawsuit against the power of attorney for an elderly octogenarian. The case was filed, along with discovery and a motion for a preliminary injunction to protect the assets. The case was reported in North Carolina Lawyers Weekly, September 28, 2015 edition. The elderly plaintiff had $1,000,000 in financial assets taken out of his control and name. Within 2 weeks, the power of attorney went to the plaintiff’s banks, closed all his accounts, and...

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Discovery in Will Contests

Posted by on Oct 21, 2015 in challenging a last will and testament, Contesting a Will, News, will contest attorney NC | 0 comments

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...

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