kirksanderslaw's blog

It is happening more and more every day. People taking money from elderly people. Sometimes the cases involve a power of attorney ‘gifting’ money to themselves. Other times it’s a ‘friend’ of the elderly person who uses undue influence to receive ‘gifts’. Many times the victim is incompetent. Sometimes the victim isn’t and only becomes aware of the loss later.

The law in North Carolina is clear. Taking money improperly from a disabled or elderly adult is exploitation.

There are two statutes that address this. Here are excerpts from two North Carolina Statutes:

Kirk Sanders, Attorney, filed a lawsuit against the former power-of-attorney (POA) for an elderly client. While the elderly client was in the hospital, the former POA, over the course of a week, transferred the client’s title to the elderly person's home to the POA, and transferred all financial accounts into the POA’s name.

The “missing will”. This problem has gone on for decades even centuries. A family member finds a person’s will either while the testator is alive and unaware or in the aftermath when someone dies. They don’t like what they’re getting & destroy the will.

There’s a law with criminal implications if you steal, conceal, or destroy a will or codicil to a will.

North Carolina General Statute § 14-77.  Larceny, concealment or destruction of wills.

Two tracts to be sold/auction on

June 14, 2014

10:00 a.m.

Location: At the properties on Phillips Road (Sandy Ridge, NC)

The two tracts:

Tct 5B- 6.583 acres along Snow Creek and Phillips Rd. (farmland)

Tct 2- House, shed, and 1.440 acres on Phillips Rd.

The survey of the two tracts can be seen at http://triadlawyer.com/2014/05/13/judicial-sale-of-land-stokes-county-nc/

Yadkinville, North Carolina--Sanders Law Firm, PLLC resolved a case on the courthouse steps minutes before the case was to be called for trial in Yadkin County Superior Court.

The case was based on abuse of a power of attorney document made by Mrs. E. to her daughter. Within a week of recording the Power of Attorney, which was not done by an attorney, the attorney-in-fact daughter (“AIF”) executed a deed to Mrs. E’s real property to the AIF’s son/Mrs. E’s grandson. The grandson soon thereafter initiated an eviction of the AIF and Mrs. E.

Two grandchildren of a deceased Alamance County woman have been awarded over $663,000 from their aunt who refused to give the grandchildren their respective share of the inheritance. The aunt, who served as executor of the estate, accused the her niece and nephew of theft and murder.

Issue in the case: did the executor (Aunt) perform her duties for the estate? Did the Aunt misappropriate money from the estate? Did the executor breach her fiduciary duty?

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.

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.

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.

http://www.ncwildlife.org/portals/0/hunting/documents/lpafaq_2011.pdf

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

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.