kirksanderslaw's blog

September 2016: After a week and a half trial in Dobson, Surry County, the jury came back with a unanimous verdict in favor of the contractor.

The link below is an article which touches on how to remove a trustee for failure to perform duties. http://willcaveat.com/removing-trustee-north-carolina/

The link below includes the North Carolina Supreme Court's 15 page opinion that ruled that the NCDOT took property owners property in the Northern Beltway of Winston-Salem, Forsyth County. This has a similar effect for property owners in the Raleigh 540 Southern Expressway, Fayetteville Outerloop, Shelby 74 Bypass, and Greensboro Outerloop.

https://www.nccourts.gov/documents/appellate-court-opinions/kirby-v-ncdot

Call Kirk Sanders if you are in the Map Act Corridors.

A short discussion about using Charging Orders after the creditor has a judgment against the debtor. In NC the court can issue a charging order so that any disbursements from the LLC for the debtor have to be directed to pay the creditor. Can be very effective at shutting down the cash flow for a debtor. It helps get the debtor more incentivized to settle the debt and provides money to the creditor to be used to help satisfy the judgment owed to the creditor.

A lot of times so much energy is spent getting a judgment at court whether by motion or by trial. But how do you collect on that judgment if the debtor doesn't turn around a pay?

North Carolina has archaic post-judgment collection laws that date back to the 1800's. It's a maze to get through the process of exemptions and executions.

One useful tool in the NC post judgment collection process is the motion and order for the judgment debtor not to dispose of assets.This is part of the NCGS

A lot of times so much energy is spent getting a judgment at court whether by motion or by trial. But how do you collect on that judgment if the debtor doesn't turn around a pay?

North Carolina has archaic post-judgment collection laws that date back to the 1800's. It's a maze to get through the process of exemptions and executions.

One useful tool in the NC post judgment collection process is the motion and order for the judgment debtor not to dispose of assets.This is part of the NCGS

Whether you need to challenge a last will & testament because you were unfairly left out of a will? Or whether you are geting a will challenged that you want to stand, it's time to call the NC Estate Litigation Attorneys at Hendrick Bryant Nerhood Sanders & Otis LLP. 

We've handled many Will Caveats. These are also known as Will Challenges or Will Contests. 

We've successfully defended million dollar estates. We've successfully broken many wills across the state of North Carolina. Contact us to discuss your matter.

Congratulations to City of Winston-Salem for the groundbreaking on another Police Substation. February 18, 2016 the City elected officials and Chief of Police broke ground on the Northpoint Station on Northpoint Blvd. This was a long project, that involved multiple sites. This location works great for North Ward (represented by Denise Adams) with close proximity for Northwest Ward (represented by Jeff MacIntosh).

Challenging the validity of a will in North Carolina based on Testamentary Capacity.

Here is a link to my companion website that discusses the general rule in North Carolina regarding testamentary capacity as well as the presumption of capacity of testator to make a will.

http://willcaveat.com/contesting-a-will-in-nc-testamentary-capacity/

Call Kirk Sanders at 336-768-1515 to discuss representation in your estate litigation.

Backcast, a new novel, by Ann McMan is now out. http://annmcman.com/tag/backcast/

In a nutshell, what happens when a group of lesbian writers enter a fishing contest. 

You can order from Amazon: http://www.amazon.com/Backcast-Ann-McMan/dp/1612940633