News

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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Who can challenge a Will In North Carolina?

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

Who Can Challenge a Will in North Carolina? Answer: An interested party can contest a Last Will and Testament within three years of the application for probate of the will. Who is an interested party to challenge a Will? Answer: A beneficiary under a prior Last Will and Testament or someone who would inherit under NC’s intestacy laws, such as a spouse, child, and children of deceased child. This list is not exhaustive. This is a matter of “standing” so you are a person with a right to bring the will contest case. Is this the...

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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 336-768-1515 Will Caveats & Fiduciary Abuses/ Condemnation Cases / Business drafting, Litigation & Collections [tag: power of attorney abuse...

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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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