November 2016

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.

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: 

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