Posts Tagged "challenging a last will and testament"

Will Challenge Litigation Timeline in NC

Posted on May 1, 2020 in Contesting a Will, NC Estate Litigation Attorney

NC Estate Litigation Attorney, Kirk Sanders, discusses the time period and different stages of litigation over a challenged Last Will and Testament in North Carolina. This must-see video is for the potential client to understand what to expect time wise when attacking / challenging a decedent’s last will and testament. The video includes a discussion about the filing of the complaint or caveat, alignment of the parties, discovery process, mediation, and trial. Timeline & Description of Phases in Caveat Litigation (NC) Call Kirk Sanders...

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The Old No Contest Clause (fiduciary litigation attorney)

Posted on Nov 2, 2015 in challenging a last will and testament

The Old No Contest Clause (a/k/a in terrorem clause)- In this situation, the testator, anticipating one of the beneficiaries might challenge the will and how little they’re getting compared to what they thought they’d get, puts one of these clause in his or her will. The No Contest Clause basically says “If any of my beneficiaries challenges my Last Will And Testament or a term herein, then they shall receive nothing from my estate.” However, the presence of a no contest clause does not exactly mean that a beneficiary will lose their inheritance if the...

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