kirksanderslaw's blog

The Importance of an Umbrella Insurance Policy

I’ve had several clients in the past who have benefited from an umbrella policy as well as a couple who wished they had one.

An umbrella policy protects the insured (you) above and beyond your homeowners and automobile policy limits. It’s especially important if you want to protect your personal assets in the event of a claim made against you. And it’s typically inexpensive to get an umbrella coverage up to $1,000,000. Approximate annual premiums $250.

Partition Sale of Leased Property in North Carolina

A recent N.C. Court of Appeals decision highlights the sale of personal property. In the case of Whitesale v. Barnwell, the parties owned a leased interest in real property and a mobile home on Belews Creek Lake in Rockingham County, NC. Ms. Barnwell made numerous arguments against the validity of the sale of the leased interests. These arguments were rejected by the appellate court.

Partition Sale (upset bid) in Stokes County NC (Minnie Price)

On Saturday, June 14, 2014, two properties were sold (Subject to 10day upset bid) in Stokes County, North Carolina.

The House with 1.44 acres had a high bid of $26,000.00

The tract 5B- 6.583 acres had a high bid of $12,000.00

Both have 10 days in which a buyer can upset the bids by making a deposit with the Clerk of Stokes County. If any upset bids occur in this period, check with the Clerk for more up-to-date bid price.

Exploitation of an elderly person or disabled person (NC laws)

It is happening more and more every day. People taking money from elderly people. Sometimes the cases involve a power of attorney ‘gifting’ money to themselves. Other times it’s a ‘friend’ of the elderly person who uses undue influence to receive ‘gifts’. Many times the victim is incompetent. Sometimes the victim isn’t and only becomes aware of the loss later.

The law in North Carolina is clear. Taking money improperly from a disabled or elderly adult is exploitation.

There are two statutes that address this. Here are excerpts from two North Carolina Statutes:

Elderly Person Recovers Assets from Power-of-Attorney (NC)

Kirk Sanders, Attorney, filed a lawsuit against the former power-of-attorney (POA) for an elderly client. While the elderly client was in the hospital, the former POA, over the course of a week, transferred the client’s title to the elderly person's home to the POA, and transferred all financial accounts into the POA’s name.

NC Attorney: The Case of the Missing Will

The “missing will”. This problem has gone on for decades even centuries. A family member finds a person’s will either while the testator is alive and unaware or in the aftermath when someone dies. They don’t like what they’re getting & destroy the will.

There’s a law with criminal implications if you steal, conceal, or destroy a will or codicil to a will.

North Carolina General Statute § 14-77.  Larceny, concealment or destruction of wills.

Partition Sale in Stokes County NC

Two tracts to be sold/auction on

June 14, 2014

10:00 a.m.

Location: At the properties on Phillips Road (Sandy Ridge, NC)

The two tracts:

Tct 5B- 6.583 acres along Snow Creek and Phillips Rd. (farmland)

Tct 2- House, shed, and 1.440 acres on Phillips Rd.

The survey of the two tracts can be seen at http://triadlawyer.com/2014/05/13/judicial-sale-of-land-stokes-county-nc/

Grandson settles with grandmother to return real property. Power of Attorney ordered to vacate the premises.

Yadkinville, North Carolina--Sanders Law Firm, PLLC resolved a case on the courthouse steps minutes before the case was to be called for trial in Yadkin County Superior Court.

The case was based on abuse of a power of attorney document made by Mrs. E. to her daughter. Within a week of recording the Power of Attorney, which was not done by an attorney, the attorney-in-fact daughter (“AIF”) executed a deed to Mrs. E’s real property to the AIF’s son/Mrs. E’s grandson. The grandson soon thereafter initiated an eviction of the AIF and Mrs. E.

Grandchildren to collect $663k from Executrix-Aunt after Alamance Co. Verdict

Two grandchildren of a deceased Alamance County woman have been awarded over $663,000 from their aunt who refused to give the grandchildren their respective share of the inheritance. The aunt, who served as executor of the estate, accused the her niece and nephew of theft and murder.

Issue in the case: did the executor (Aunt) perform her duties for the estate? Did the Aunt misappropriate money from the estate? Did the executor breach her fiduciary duty?

Will Caveat-Challenge in Asheville between Sons settled over father’s will for $190,000

What is a Will Caveat (a/k/a a Will challenge)? It’s when the validity of the will is questioned due to the execution of the will, the competency of the testator (the signer of the will), and/or undue influence on the maker by a person.

In the case discussed at hand, two sons who were excluded from their father’s will have reached a settlement with the father’s estate for $190,000.

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