What happens if one of your loved ones has died and left you property, but a good-for-nothing family member refuses to turn over the will? How do you force that person to turn over the will? North Carolina gives the clerk of court the power to compel that person to turn over the will by threat of jail time.
When a will is missing or lost after someone dies, what should you do?
Many times this occurs because the Last Will & Testament became lost in a tsunami of papers. Sometimes it gets accidently trashed when a person downsizes to a retirment home. Other times it goes "missing" when a survivor doesn't like what the will gave them or didn't give them. For instance, have you ever heard or seen a house get ransacked by the relations after a person dies?
The link below discusses the status of the Map Act cases in North Carolina as of January 20, 2017. The Map Act and its cases, namely Kirby v North Carolina Department of Transporation, ruled that the NCDOT took property owners' fundamental property rights when the NCDOT filed the Map Act Corridors on the register of deeds in the respective counties. These counties include Forsyth, Wake, Guilford, Cleveland, and Cumberland, to name a few. This claim is called inverse condemnation.
A partition of property occurs when the property owners cannot agree. Finally, one says "that's enough, I want out" or "I want my 1/2, you can have your 1/2". If the other side won't buy the other out, then one files a partition action with the court. The clerk of court (in North Carolina cases) will determine if the property can be divided equally or needs to be sold.
A by-the-slice pizza joint just opened in Downtown Winston-Salem in December of 2016. Twin-City Slice opened at the former Kabob's on the 200 block of West Fourth Street. For more see:
If you need legal assistance with your restaurant or bar, call the attorneys at Hendrick Bryant.
If you are in a situation where you question whether the estate was administered properly by the personal representative (executor or administrator) or whether the last will and testament was executed properly, then let it be known: once you sign the release for your estate proceeds you are waiving further right to challenge the estate or will. for more, go to my companion site at www.willcaveat.com
One way to prevent estate litigation is to discuss it with your heirs. Sure, it's none of their business, if you want it to be that way. However, believe me when I say that I've seen heirs fight over pieces of personal property worth hundreds of dollars when the estate was worth millions of dollars.
Here are some suggestions that may help you in your estate planning & possibly in preventing estate litigation from my willcaveat.com site:
In NC Lis Pendens are effective ways to preserve real estate assets that are involved in the litigation of a case. This is particularly useful when contesting a will or contesting a trust. If not filed, then the assets could be sold or transferrred to a third party or bona fide purchaser, the sales proceeds get squandered, and the plaintiff in the case ends up with a paper judgment instead of cash on the barrel head.
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.