Will Caveat

Will Caveat A will caveat (also known as a Will Contest, Will Challenge, or Will Attack) is a court proceeding which challenges the validity of a person’s last will.

Last Wills & Testaments are important documents that allow a person to distribute their assets at their death. Many times there are issues concerning the validity of the will based on the legality of the document, capacity or competency of the testator (maker of the will), or undue influence by another on the testator. Kirk Sanders at Sanders Law Firm, PLLC is a licensed North Carolina attorney wh

o has represented caveators (challengers), propounders (defenders) of wills, and clients involved in Estate Litigation matters. If you have a question about a Last Will & Testament or an estate proceeding. Call Kirk Sanders at 336-724-4707 to discuss your case. Will Caveat is a Hendrick Bryant Nerhood Sanders & Otis LLP site

What happens when a trustee refuses to pay a beneficiary?              https://willcaveat.com/what-happens-when-trustee-...
11/19/2025

What happens when a trustee refuses to pay a beneficiary?
https://willcaveat.com/what-happens-when-trustee-refuses-to-pay-beneficiary

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 copy in the demand. How the trustee responds will be the Big Tell? Either they open their books […]

The warning signs of looming fiduciary litigation in your futurehttps://willcaveat.com/warning-signs-of-estate-conflict-...
11/22/2021

The warning signs of looming fiduciary litigation in your future
https://willcaveat.com/warning-signs-of-estate-conflict-or-trust-conflict/

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 ...

Issue: Whether paternity order & biological Father (Decedent) holding self out as Father sufficient to determine out-of-...
11/05/2021

Issue: Whether paternity order & biological Father (Decedent) holding self out as Father sufficient to determine out-of-wedlock child to be a rightful heir of decedent-father. The Court of Appeals held that paternity could be established by a civil action outside of actions under Chapter 49 of the NCGS (“Children Born Out of Wedlock”) under N.C. Gen. Stat. § 29-19(b)(1). Court compared Statute 49-14 with 29-19(b). Appellate opinion linked.

Video describing phases and timeline for litigation challenging a Last Will & Testament
05/01/2020

Video describing phases and timeline for litigation challenging a Last Will & Testament

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.

New Power of Attorney laws went into effect on January 1, 2018. These will help prevent misappropriation of principal's ...
03/09/2018

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: W. Kirk Sanders, Attorney Hendrick Bryant Nerhood Sanders & Otis, LLP 723 Coliseum Dr. Ste. 101 Winston-Salem, NC 27106…

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: https://civil.sog.unc.edu/judicial-relief-under-...

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