Submitted by kirksanderslaw on
If you are faced with an issue where an estate needs to sell real property or you are opposed to an estate selling real property to pay debts of an estate, read more from my companion website link:http://willcaveat.com/estates-selling-property-to-pay-debts/
"First prong of the attack was the actual debt being asserted by a creditor. This claim was accepted by the administrator of the estate."
"Mr. Sanders filed a response to the petition stating the claim was unfounded, the claim was too late, the claim was made by another estate that already had accepted the property. Interestingly enough, the other estate’s decedent inherited the asset and after a will determination in that estate went against that executor/beneficiary, through an act respondent deemed conniving, rescinded a gift previously inherited over two years before."
"As a result, one of the defenses to the petition to sell real property was the ‘bogus’ defense. “Bogus” is actually in the Black’s Law Dictionary. Other defenses included statutory time had passed in an estate claim and laches."
When you have an estate or trust litigation dispute, contact Kirk Sanders 336-723-7200 to handle your fiduciary litigation"