March 2014

POA Abuses Cases & Gifting

Submitted by kirksanderslaw on

Tags: 
POA abuse attorney NC; Attorney-in-fact violations lawyer
elder abuse attorney nc

Many people execute power of attorneys (POA). It’s a good idea to have one in place should the need arise.

However the number one problem with POA’s is gifting by the POA agent. The POA or attorney-in-fact has a fiduciary duty to his or her principal, the person who executed the POA.

First of all, a POA in North Carolina has to contain specific language allowing the POA to gift. If it doesn’t expressly authorize the agent to make gifts to others and/or the attorney-in-fact, then the gifting isn’t authorized.

Will Caveat Case & Summary in NC

Submitted by kirksanderslaw on

Tags: 
NC Will caveat attorney
undue influence claim
lack of testamentary capacity case

A recent case highlights issues with Will Caveats (aka Will Challenges or Testing of a Will) and the influence of a power of attorney.

In the case IN RE RUBY ELLEN KING – 13 E 745 and 13 CVS 12218 (Wake County, NC) two of the deceased’s children were disinherited in a purported (questionable) will written by 92 year old Ruby King. Ms. King died in 2013 at the age of 95.

Two lawsuits were filed: 1) the Estate Caveat & 2) tortuous interference with contract.

Posting Land for Hunting in NC (Purple Paint)

Submitted by kirksanderslaw on

Tags: 
Sanders Law Firm NC
Posting Land in NC

If you own land & want to post it so no one else hunts, fishes, or traps on your land, here are two pertinent links.

One is to the North Carolina Wildlife regulations. It’s a very informative document.

http://www.ncwildlife.org/portals/0/hunting/documents/lpafaq_2011.pdf

The next link is to the NC Statutes regarding posting your property.