February 2011

Challenges to a Last Will and Testament aka Caveat Proceeding

Submitted by kirksanderslaw on

Tags: 
Last Will and Testament
NC
Will Caveat Proceeding
challenging a will
incompetent or incapacitated testator
undue influence
estate planning attorney
estate lawyer
north carolina
beneficiaries
heirs
insanity
dementia

Scenario: A person dies, also known as the Decedent or Testator, and leaves a last will and testament. However, beneficiaries/heirs, either by intestate or by prior wills, think the will maker, aka the Testator, would not have made the will the way he or she did had they been of right mind.

What do you do?

There is a process in North Carolina called a Caveat Proceeding. That's a challenge of the will.

Grounds for challenging the Last Will and Testament are:

Guns and School Don’t Mix

Submitted by kirksanderslaw on

Tags: 
crime
criminal charges
concealed carry permit
concealed weapon
school grounds
felony
lawyer Felony
charges
gun
firearm
rifle
pistol
school
activity
campus
grounds
field
property
trunk
conceal
permit
punishment

Under North Carolina General Statute § 14-269.2 it is a Class I Felony for any person to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind, on educational property or to a curricular or extra-curricular activity sponsored by a school.

Bicycle & Pedestrian Laws--Also, what to do if involved in a crash

Submitted by kirksanderslaw on

Tags: 
attorney
bike crash
cycling
bicycling accidents
pedestrian collision
walking
cross walks
accident
hit
lawyer north carolina
car wreck
crash pedestrian
alchohol and bicycling
reckless riding
lamps on bicycles

Almost everyday a pedestrian or cyclist in this state is injured in a collision on North Carolina Roads. Many of these can be avoided. As  a bicyclists or pedestrian (walker), keep a close look-out for your own safety. While many accidents are caused by car drivers, and the drivers's indifference or failure to see the bicyclist or pedestrian is upsetting, it is still in the riders/walker's best interest to look out for themselves and potential dangers.

You Can’t Always Get What You Want, but a Criminal Attorney Can Help (deferred prosecution)

Submitted by kirksanderslaw on

Tags: 
attorney
Community service
sentence
sentencing
judge
courtroom
Wake Forest
students
district attorney
underage drinking lawyer
fraternity sorority
alcohol
district court
1C

My grandfather had a saying:  wish in one hand and spit in the other and see which gets filled the quickest.  I suspect he cleaned up the analogy for the grandchildren.  Sometimes wishes aren’t worth the brain waves it takes to form them. 

Fair Debt Collection Act (consumer debt)- the 2006 law

Submitted by kirksanderslaw on

Tags: 
lawyer
Winston-Salem
Collection attorney
north carolina
Fair debt collection act
creditor
consumer debt
contact debtor
rules
FDCPA

If someone owes you money & it's a consumer debt. See below for definition of "consumer". You  need to be careful that you abide by the federal and state rules pertaining to how you may collect against the debt. Failure to abide by the rules could actually get a judgment entered against you, the creditor.

Below is the 2006 FDCPA. Know it.

Call Kirk Sanders at Sanders Law Firm, PLLC (336)724-4707 to discuss your collection case.

Bike Accident Statistics. Biking Attorneys.

Submitted by kirksanderslaw on

Tags: 
Kirk Sanders
bike crash attorney
bicycle accident lawyer
severe brain damage
Bicyclist deaths
fatal crash attorney
biking injury car wreck attorney

The attorneys at Sanders Law Firm, PLLC have handled cases ranging from broken humerus requiring a permanent rod to quadraplegia with severe brain damage. If you have a biking accident, call us to discuss at 336-724-4707 or email kirk@kirksanderslaw.com. We'll evaluate your case at no cost to you. We represent bicyclists statewide in North Carolina (NC). If the event happened out of state, we will assist you in finding local counsel out-of-state.

Now here's some interesting statistics on bike accidents and helmet protection:

Jury awards bicycle deliveryman $6.125 million

Submitted by kirksanderslaw on

Tags: 
Kirk Sanders
Bicycle Accident Lawsuit result
personal injury lawsuit
rental car
concussion and subarachnoid hemorrhage
jury awarded
injury attorney

New York Bicycle Accident Lawsuit Results in $6.125M Verdict

A New York jury has awarded $6 million to a restaurant deliveryman, who was run down on his bike by a rental car.

The personal injury lawsuit was filed in Kings County Brooklyn Supreme Court by Jing Xue Jiang, 26, who was struck on June 4, 2005. The vehicle that struck Jiang was being driven by Jamaal Freeman and was rented from Dollar Rent a Car and Rental Car Finance Corp. The bicycle accident lawsuit named all three as defendants.

Bicycling Accidents: What to Do After a Bike Crash (Bike Wreck/Biking Accidents)

Submitted by kirksanderslaw on

Tags: 
Kirk Sanders
north carolina
injury attorney
to do after wreck
bike accident with cars
police report
accident reconstruction expert
photograph damage bicyle
record your injuries
insurance companies
witness contact info
bystander
Winston-Salem injury attorney Greensboro

What to do if you are involved in a wreck with a car or truck: It’s important to take a few actions at the time and place of the accident.

When bikes are involved with accidents with cars, there are usually big injuries. Try, if possible to keep your wits. The next few steps will have an incredible impact on whether and how much you might recover for your bodily injuries and your bicycle.

If you’re injuries are not too severe, Wait for law enforcement to arrive at the scene.