kirksanderslaw's blog

Challenging the validity of a will in North Carolina

Challenging the validity of a will in North Carolina based on Testamentary Capacity.

Here is a link to my companion website that discusses the general rule in North Carolina regarding testamentary capacity as well as the presumption of capacity of testator to make a will.

http://willcaveat.com/contesting-a-will-in-nc-testamentary-capacity/

Call Kirk Sanders at 336-724-4707 or 336-723-7200 to discuss representation in your estate litigation.

When to begin thinking about selling your business

Some thoughts about when to start selling your business from ExitAvenue.com

http://exitavenue.com/questions-to-ask-when-you-say-i-want-to-sell-my-business/

You've worked hard to build and/or maintain your business. Ultimately, you should have a plan in place to sell or transfer it. 

Ask yourself: is my business my largest asset? 

Do I need the sales proceeds from my business for my retirement?

Preparing to sell a business can be take several years. 

Almost 50 new NC laws in effect 10-1-2015

From Tanning beds, to longer wait period for abortions, from ride sharing networks to driving privileges to get to church, from autocycles to changing lanes for garbage trucks, here's a link to NC Lawyers Weekly's list of new laws that went into effect in NC on October 1, 2015:

http://nclawyersweekly.com/2015/10/01/nearly-50-new-north-carolina-laws-take-effect-thursday/ 

When you have a corporate or fiduciary (estate) matter, call Kirk Sanders at 336-724-4707

Condemnation Attorney North Carolina- Supreme Court

Link to article discussing the N.C. Supreme Court agreeing to hear the inverse condemnation claim involving the Northern Beltway in Winston-Salem.

http://takingland.com/condemnation-attorney-north-carolina-supreme-court/ 

Hendrick Bryant law firm has the condemnation attorneys North Carolina handling this appeal for the property owners.

NC Condemnation Attorney- Inverse Condemnation Appeal

The NC Supreme Court has granted discretionary appeal to to hear the Inverse Condemnation case against the NCDOT (Kirby v. NCDOT). For more:

http://takingland.com/nc-supreme-court-to-hear-inverse-condemnation-case/

This is an appeal by the NCDOT from a unanimous court of appeals decision.

Health Information of College Student HIPAA

When your child turns 18, it's time to get them to execute a Health Care Power of Attorney.

Why? Because technically a school or medical facility may not be able to inform you if your college aged child has been hosptialized. Of course, if your child is conscious and speaking, your child can have the staff notify you.

Health Care Power of Attorneys are easy enough to complete. Put this on your college or 18 year birthday preparation list. Once executed, send a copy with your child to school to put in his admissions-registration information. 

VALUATION of MEMBERSHIP INTEREST in a NC LLC

There are times when a membership interest in a Limited Liability Company (LLC) needs to be valued. These include: 1) a member wanting to sell interest or transfer interest, 2) death of a member, 3) bankruptcy, among others.

How is the member’s interest valued?

First step is to look at how the LLC’s operating agreement declares the interest be valued. Usually there are provisions for a CPA to give the value, with a party-member having the right to get a second opinion, followed by a 3rd party selection by the two CPA’s making a final determination using the two opinions.

Post Judgment Collection NC Attorney

So you have a judgment against someone in North Carolina, now what?

If it's an individual-debtor, this article is for you. If it's a corporation or LLC or business entity, then get a writ of execution from the clerk and pay the sheriff's fee. Congratulations, you might collect some assets soon that can be sold & you don't need to read the remainder of this article.

Back to Individual Debtors. NCGS 1C-1601 et seq. You have to serve Notice of Exemptions on the debtor. They have 20 days to answer.

Agricultural Liens in NC

We represent and have been involved with a number of providers of seed and fertilizer. Agriculture liens are one way to secure goods & services provided. If you have an agricultural legal issue, contact the attorneys at Hendrick Bryant Nerhood Sanders & Otis

Here are excerpts of agricultural liens in NC General Statutes:

Article 12. Liens on Certain Agricultural Products.

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