Stay updated with the latest news, insights, and updates about will contests, trust disputes, and estate litigation in North Carolina
January 9, 2026 • by Kirk Sanders
If you are not receiving funds, please review your trust agreement with an attorney to verify what you are entitled to. Make sure the attorney is willing to make a written demand & follow through...
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December 3, 2025 • by Kirk Sanders
SEAWIND 3000 Specifications, Performance, and Range We recovered a SeaWind 3000 in one of our estate trust litigation cases. Looking to sell it once we get the paperwork resolved. Estate Litigation At...
read more →November 12, 2025 • by Kirk Sanders
How do you refer a case to another lawyer? If it's out of your area of practice, find a good litigation attorney in that area. Don't just give the client the name of the attorney, please also email th...
read more →November 12, 2025 • by Kirk Sanders
Answer: It is time to hire an attorney. The attorney should promptly fire off a trust accounting demand letter. Bring a copy of the trust agreement when meet with the attorney. If not, I can get a cop...
read more →May 16, 2025 • by Kirk Sanders
Can you remove an executor of an estate in NC? Yes, it must be pursuant to NC Gen Statutes: § 28A‑4‑2. Persons disqualified to serve as personal representative. § 28A‑9‑1. Revocation after hearing. §...
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May 5, 2025 • by Kirk Sanders
SOLD - THIS WAS ANOTHER ATTORNEY KIRK SANDERS VICTORY FOR A CLIENT WHERE BAD GUY BREACHED FIDUCIARY DUTIES BY STEALING CUSTODIAL ASSETS 663 Hidden Valley Road 27024 $179,900 1-2 acres cleared Well &am...
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April 29, 2025 • by Kirk Sanders
How do I fight a life insurance denial? Hire an attorney who will file a complaint and pursue litigation in federal court. In the case I recently handled, a life insurance company denied the designate...
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January 24, 2024 • by Kirk Sanders
UPDATE: IT SOLD. Thank you for your interest. THIS WAS PART OF ANOTHER WILL CAVEAT CASE WON FOR CLIENTS Ranch home with 3 bedrooms, 2 baths in a convenient and desired neighborhood. Located at 154 Wes...
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September 23, 2023 • by Kirk Sanders
It starts with filing a will caveat pleading in the estate file. Then a special citation will need to be issued to all the interested parties in the estate, whether named in the challenged will, benef...
read more →June 25, 2023 • by Kirk Sanders
Is the trustee not providing accountings to you? Have you seen the actual trust agreement? Have your trust distributions changed or been cut-off? These are just a few of the signs you may have a trust...
read more →June 25, 2023 • by Kirk Sanders
If you are a beneficiary of a trust and the trustee refuses to give you accountings, distributions, or share documents, then you should be concerned. It's time to consult with a trust dispute attorney...
read more →January 31, 2023 • by Kirk Sanders
Do you have concerns about a trust being done improperly? What are some of the main grounds for contesting a trust? This video is a short and general outline of the types of challenges, including: Und...
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November 19, 2021 • by Will Caveat
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” you...
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September 28, 2020 • by Kirk Sanders
Who is an interested party: 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.
read more →May 1, 2020 • by Kirk Sanders
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.
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May 20, 2019 • by Will Caveat
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 un...
read more →March 9, 2018 • by Will Caveat
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...
read more →November 28, 2017 • by Will Caveat
§ 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 recomm...
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September 11, 2017 • by Kirk Sanders
Whether the testator chooses to execute a subsequent writing or destroy her will, she must possess the mental capacity to do so.
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May 18, 2017 • by Kirk Sanders
On May 5, 2017, Kirk Sanders spoke at the North Carolina Bar Association's Annual Paralegal meeting in Pinehurst, NC. His one hour topic was POA Abuse and Litigation under North Carolina law. At the c...
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May 15, 2017 • by Kirk Sanders
What do you do when a family member refuses to turn over property to you as the personal representative of the estate?
read more →May 8, 2017 • by Kirk Sanders
Problem: Someone has the original Lost Will & Testament but refuses to file it. Or they refuse to give it to you to probate with the Clerk of Court. Solution: Motion to Compel Production of a Will...
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April 24, 2017 • by Kirk Sanders
Because the court cannot examine the original will, a person attempting to probate a lost will has to prove five elements:
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March 10, 2017 • by Kirk Sanders
How to look for POA abuse signs? For starters know the Fraud Triangle. The Fraud Triangle is 1) Opportunity, 2) Pressure, 3) Rationalization. Other terms include: Perceived Opportunity, Perceived Pres...
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February 15, 2017 • by Kirk Sanders
A court hearing turned into victory in the challenge to Will in North Carolina. A Surry County Superior Court rejected a challenge to the last will and testament in $1 million estate. The challenger w...
read more →December 13, 2016 • by Kirk Sanders
An equitable lien is a device created by North Carolina courts to protect people whose money is wrongfully spent by someone else to improve that other person’s property.
read more →December 9, 2016 • by Kirk Sanders
Resulting trusts often arise in cases of abuse by trustees and powers-of-attorney, although those relationships are not required to prove a resulting trust.
read more →November 9, 2016 • by Kirk Sanders
Attested Wills In North Carolina: In North Carolina, the most common type of will is the attested written will, governed by N.C. Gen. Stat. § 31-3.3.
read more →November 2, 2016 • by Kirk Sanders
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’
read more →September 27, 2016 • by Kirk Sanders
At 92 years old, Summer Redstone is currently a director, chairman emeritus, and controlling shareholder of 80% of the voting shares of Viacom and CBS.
read more →June 3, 2016 • by Kirk Sanders
How to Remove a Trustee in North Carolina?, It’s easier if you are the Settler a/k/a the maker of the trust. But let’s say you are a beneficiary or contingent beneficiary
read more →April 26, 2016 • by Will Caveat
Plan for Dividing up Assets of Parent's estate, Parents/Testators- be specific in your gifts. Have a plan for dividing up personal property.
read more →March 18, 2016 • by Kirk Sanders
Estoppel General Rule: one who accepts the benefits under a will is estopped to contest the will’s validity.
read more →January 14, 2016 • by Kirk Sanders
NC Fiduciary Litigation Attorney, Kirk Sanders, victory on behalf of his octogenarian client made NC Lawyers Weekly’s Top 25 Verdicts & Settlements for 2015.
read more →January 9, 2016 • by Will Caveat
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
read more →November 2, 2015 • by Kirk Sanders
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
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October 30, 2015 • by Will Caveat
Power of Attorney Abuse Settlement, Call Kirk Sanders at 336-723-7200 to litigate your fiduciary abuse cases, including power of attorney abuse cases in NC
read more →October 27, 2015 • by Kirk Sanders
Contesting a Will & the Deadman’s Statute – the case of In Re Will of Lamparter, 348 N.C. 45 (1997)
read more →October 21, 2015 • by Kirk Sanders
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.
read more →October 15, 2015 • by Kirk Sanders
Will Caveats (Will Contests) or colloquilly known as “ breaking a will ” involve at least two phases in the devisat vel non trial.
read more →October 14, 2015 • by Kirk Sanders
NC Change of Beneficiary Challenges, North Carolina Estate Litigation Attorney, breaking a will, North Carolina Will Contests, Trust Litigation Attorneys NC
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September 2, 2015 • by Will Caveat
Process to Contest a Will: In North Carolina, to contest a will there is the following general process: Caveat filing, Bond paid to the clerk for the Caveat
read more →August 31, 2015 • by Will Caveat
contesting a will in NC, fiduciary claims attorney, NC Will Contest Attorney, Kirk Sanders
read more →August 31, 2015 • by Will Caveat
One type of challenge in an estate is the failure of the Executor to carry out his or her duties. So, the will is fine, but the person fails to either 1) pay bills of the estate...
read more →August 11, 2015 • by Will Caveat
Contesting a Will Litigation in NC: Will Contests a/k/a Will Caveats are a mysterious kind of case in the civil litigation realm. They are unique.
read more →May 14, 2015 • by Will Caveat
Elective Share Spouses Estates NC Attorney, There’s one person in NC that can’t be disinherited from an estate. It’s the dead person’s spouse.
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May 7, 2015 • by Will Caveat
Estates Selling Property to Pay Debts, Occasionally an estate has to sell assets of the estate to pay debts and expenses.
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April 29, 2015 • by Will Caveat
A bifurcated trial is particularly appropriate where separate submission of issues avoids confusion and promotes a logical presentation to the jury
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April 28, 2015 • by Will Caveat
If a Will contest aka Will Caveat is filed in North Carolina, then when it goes to trial there will be issues for only a jury to determine.
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March 26, 2015 • by Will Caveat
These are just a few estate litigation matters. If you have a North Carolina estate with legal needs, contact Kirk Sanders at 336-723-7200 to handle your estate litigation in NC.
read more →February 22, 2015 • by Kirk Sanders
There are two sets of parties in a Will Contest in North Carolina, the Propounders (defenders of the probated will) & Caveators (challengers to the filed will).
read more →February 22, 2015 • by Kirk Sanders
Basics of Will Contests in North Carolina. 5 challenges to a Last Will & Testament in NC Attorney Kirk Sanders at Hendrick Bryant Nerhood Sanders & Otis LLP
read more →February 12, 2015 • by Will Caveat
Power of Attorney Do's & Don't's: the Power of Attorney agent must act in the “best interest of the principal”, the power of attorney agent acts as a fiduciary for the principal.
read more →February 10, 2015 • by Will Caveat
trustees have a duty to provide an accounting to a beneficiary. In addition the trustee has a duty to provide the trust document.
read more →February 5, 2015 • by Will Caveat
A Will caveat is an in rem proceeding. N.C. Gen. Stat. § 31-32. It is an attack upon the validity of the instrument purporting to be a will.
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December 19, 2014 • by Will Caveat
Sham Will: this attack that is challenging a last will and testament is based on the contention that the will was bogus, a fraud, a forged will.
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December 18, 2014 • by Will Caveat
Will Contests in North Carolina (known as Will Caveats) are a special type of civil litigation. The statutes require that will contests can only be resolved with a jury trial, not a bench decision.
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December 16, 2014 • by Will Caveat
Kirk Sanders, a NC attorney, reports the following 2014 will contest results in North Carolina: Court: Surry County (Mt. Airy, NC),
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October 31, 2014 • by Kirk Sanders
One of the claims to contest a will is Undue Influence. This post will discuss the Undue Influence challenge as grounds for contesting a will in North Carolina.
read more →October 22, 2014 • by Kirk Sanders
The children pursued the will contest litigation to set aside the will by filing a will caveat in Polk County Superior Court.
read more →September 29, 2014 • by Kirk Sanders
Will Caveat Litigation Resolved in Surry County, A challenge to the validity of the Will of Rachel B. Harris was successfully resolved by Kirk Sanders.
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