kirksanderslaw's blog

One of the claims to contest a will is Undue Influence. The WillCaveat.com post link below discusses the Undue Influence challenge as grounds for contesting a will.

North Carolina courts defines Undue Influence as the fraudulent influence over the mind and will of another to the extent that the professed action is not freely done but is in truth the act of the one who procures the result.

The law requires that in order to state a prima facie case on the issue of undue influence, a caveator must prove the existence of 4 factors:

Recently, Kirk Sanders of Sanders Law Firm PLLC had the pleasure of delivering an $80,000.00 attorney fee to co-counsel in a Power of Attorney Abuse case. 

Kirk Sanders welcomes attorney referrals & strives to keep the referring attorney/co-counsel up to date and informed of developments in the case.

Building a house or doing addition work is one of the largest single investments a person can make in their lifetime. It's the time for you to do research. Know how much you are willing to spend, how much you can afford, make sure you have the plans in mind for your construction, and know which contractor to pick.

1) Determine how much you can spend. Realize that in all projects, there will be surprise expenses & change orders. Build a buffer into your price.

Are you good at what your business does but get bogged down with administrative matters?

PROBLEM: Do you have time to keep up with regulations for employees & benefits?

THINK: Workers Compensation premiums & audits, handbooks, employees vs. independent contractors, payroll issues, employee benefits, recruiting, hiring, grievances, orientation, training.. . It can get overwhelming and an administrative time suck.

But you don’t want to have to add another employee to payroll.

In my quest to locate hunting laws and firearms laws in North Carolina for my personal use, I’ve come up with the following. Please note, it is not exhaustive. Please make sure these rules are up to date. Rules and regulations change.

Depending on where you are hunting of discharging weapons, any questions of extra regulations should be asked of your local Zoning Department & Sheriff in that County or municipality.

Recently, in a power of attorney abuse case, Sanders Law Firm PLLC obtained a temporary restraining order (TRO) against the alleged defendants. In this situation, the TRO, signed by the Superior Court Judge in NC, orders the Sheriff to seize and/or secure assets involved in the litigation. A bond was filed in the matter.

To get the TRO we had to show clearly from affidavits and/or a verified complaint that immediate and irreparable injury, loss or damage would result if not ordered against the adverse party.

Gap Insurance is a policy rider you can get when you apply for insurance on a vehicle. If you have a loan on your automobile it's a good idea. Especially if you're involved in a motor vehicle wreck.

For instance, you buy a $20,000 and put $1,000 down. You borrow $19,000. If you're in a wreck later the property value of your vehicle may be less than your loan. In that case, the insurance company of the at fault driver would only pay the value, leaving the car wreck owner owing the lender the difference. 

I’ve had several clients in the past who have benefited from an umbrella policy as well as a couple who wished they had one.

An umbrella policy protects the insured (you) above and beyond your homeowners and automobile policy limits. It’s especially important if you want to protect your personal assets in the event of a claim made against you. And it’s typically inexpensive to get an umbrella coverage up to $1,000,000. Approximate annual premiums $250.

A recent N.C. Court of Appeals decision highlights the sale of personal property. In the case of Whitesale v. Barnwell, the parties owned a leased interest in real property and a mobile home on Belews Creek Lake in Rockingham County, NC. Ms. Barnwell made numerous arguments against the validity of the sale of the leased interests. These arguments were rejected by the appellate court.

On Saturday, June 14, 2014, two properties were sold (Subject to 10day upset bid) in Stokes County, North Carolina.

The House with 1.44 acres had a high bid of $26,000.00

The tract 5B- 6.583 acres had a high bid of $12,000.00

Both have 10 days in which a buyer can upset the bids by making a deposit with the Clerk of Stokes County. If any upset bids occur in this period, check with the Clerk for more up-to-date bid price.