kirksanderslaw's blog

Will Caveat-Challenge in Asheville between Sons settled over father’s will for $190,000

What is a Will Caveat (a/k/a a Will challenge)? It’s when the validity of the will is questioned due to the execution of the will, the competency of the testator (the signer of the will), and/or undue influence on the maker by a person.

In the case discussed at hand, two sons who were excluded from their father’s will have reached a settlement with the father’s estate for $190,000.

POA Faces 25 Years After Appellate Courts Deny Argument that Transfers to POA Were for Medicaid Planning Purposes

A Texas appellate court upheld the conviction of a POA agent under a power of attorney who transferred funds to himself. The POA contended that he did this to qualify his former grandmother-in-law for Medicaid. In the earlier court trial before a jury, the POA was sentenced to 25 years in prison. Natho v. State (Tex. Ct.

Posting Land for Hunting in NC (Purple Paint)

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.

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

Will Caveat Case & Summary in NC

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.

POA Abuses Cases & Gifting

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.

18 patients exposed to rare brain disease- Creutzfeldt-Jakob disease

18 patients were recently exposed to Creutzfeldt-Jakob disease  at Forsyth Memorial Hospital. Creutzfeldt-Jacob Disease is a rare but fatal degenerative brain disorder is caused by a rare type of protein that can adhere to surgical equipment and withstand standard sterilization.

The patients exposed had surgery between January 18, 2014 and February 6, 2014.

Beltway landowners ask for help from N.C. Supreme Court

Further link to information on Condemnation Attorneys Hendrick Bryant (ask for Matthew Bryant 336-723-7200). Attached is the Winston-Salem Journal article discussing the arguments before the North Carolina Supreme Court.

A Condemnation Action is when the government intends to take private real property from the owner. The governmental agency is required to give the land owner just compensation for the value of the property.

NC Condemnation Cases-Hendrick Bryant

A Winston-Salem law firm, Hendrick Bryant Nerhood & Otis, has taken on the NCDOT in a class action lawsuit affecting the Northern Beltway in Winston-Salem, Forsyth County, North Carolina.

The owners, who have had their properties listed on the Register of Deeds as being in the Northern Beltway, have not had their property purchased by the DOT and can't sell it  for market prices with that blemish on title. It's a trap these owners have lived with for over 12 years.


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