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Estoppel Effect in Estate Litigation

If you are in a situation where you question whether the estate was administered properly by the personal representative (executor or administrator) or whether the last will and testament was executed properly, then let it be known: once you sign the release for your estate proceeds you are waiving further right to challenge the estate or will. for more, go to my companion site at www.willcaveat.com

Preventing Estate Litigation

One way to prevent estate litigation is to discuss it with your heirs.  Sure, it's none of their business, if you want it to be that way. However, believe me when I say that I've seen heirs fight over pieces of personal property worth hundreds of dollars when the estate was worth millions of dollars. 

Here are some suggestions that may help you in your estate planning & possibly in preventing estate litigation from my willcaveat.com site: 

Lis Pendens NC

In NC Lis Pendens are effective ways to preserve real estate assets that are involved in the litigation of a case. This is particularly useful when contesting a will or contesting a trust. If not filed, then the assets could be sold or transferrred to a third party or bona fide purchaser, the sales proceeds get squandered, and the plaintiff in the case ends up with a paper judgment instead of cash on the barrel head.

Northern Beltway Inverse Condemnation Victory

http://hendricklawfirm.com/kirby-v-ncdot-supreme-court-opinion/

The above link includes the North Carolina Supreme Court's 15 page opinion that ruled that the NCDOT took property owners property in the Northern Beltway of Winston-Salem, Forsyth County. This has a similar effect for property owners in the Raleigh 540 Southern Expressway, Fayetteville Outerloop, Shelby 74 Bypass, and Greensboro Outerloop.

Using a Charging Order against LLC Interest

A short discussion about using Charging Orders after the creditor has a judgment against the debtor. In NC the court can issue a charging order so that any disbursements from the LLC for the debtor have to be directed to pay the creditor. Can be very effective at shutting down the cash flow for a debtor. It helps get the debtor more incentivized to settle the debt and provides money to the creditor to be used to help satisfy the judgment owed to the creditor.

Post Judgment Collection Attorney North Carolina

A lot of times so much energy is spent getting a judgment at court whether by motion or by trial. But how do you collect on that judgment if the debtor doesn't turn around a pay?

North Carolina has archaic post-judgment collection laws that date back to the 1800's. It's a maze to get through the process of exemptions and executions.

Here is a blog where I discuss some of the basics of the process: http://hendricklawfirm.com/post-judgment-collection-attorneys-north-carolina/

Post Judgment Collection Attorney North Carolina

A lot of times so much energy is spent getting a judgment at court whether by motion or by trial. But how do you collect on that judgment if the debtor doesn't turn around a pay?

North Carolina has archaic post-judgment collection laws that date back to the 1800's. It's a maze to get through the process of exemptions and executions.

Here is a blog where I discuss some of the basics of the process: http://hendricklawfirm.com/post-judgment-collection-attorneys-north-carolina/

NC Estate Litigation Attorney

Whether you need to challenge a last will & testament because you were unfairly left out of a will? Or whether you are geting a will challenged that you want to stand, it's time to call the NC Estate Litigation Attorneys at Hendrick Bryant Nerhood Sanders & Otis LLP. 

We've handled many Will Caveats. These are also known as Will Challenges or Will Contests. 

We've successfully defended million dollar estates. We've successfully broken many wills across the state of North Carolina. Contact us to discuss your matter.

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