See Link at:

http://kirksanderslaw.com/blog/judgment-creditors-can-petition-sale-real-property-where-debtor-co-tenant

Partial plat example of partitioned raw land:

Kevin Parks a/k/a “the Chrome Man” spoke at a recent Corsa Rossa (http://www.meetup.com/Corsa-Rossa-Sports-Car/) car club meeting.

He can refinish your chrome pieces for your classic vehicles. Prices seem very reasonable.

He knows a metal worker who can fix the dents and bends too.

704-550-6423

www.kirksanderslaw.com

Thinking of challenging a will based on the person’s capacity at the time the will was created? In North Carolina, there is a presumption that every person has the requisite capacity to make a will. Anyone who challenges the will bear the burden of proving that such capacity was lacking.

A person’s capacity to create a will is called testamentary capacity. A person has testamentary capacity if the will suggests that the person (1) generally knows what property they own, (2) who would naturally be expected to receive their property after their death, (3) they are making a will, and (4) the effect the will has on their estate. For example, if the person leaves their property to an unrelated person and does not acknowledge their own children who would normally inherit, the will may be open to a challenge based on testamentary capacity.

A person challenging the will (a “caveator”) only needs to show that one of the essential elements of testamentary capacity is lacking. However, a caveator must present more than general evidence about the testator’s deteriorating physical health and mental confusion in the months preceding the execution of the will upon which the caveator based their opinion of the testator’s mental capacity.

A caveator needs to present specific evidence that the testator did not understand their property, the persons to whom they wished to give it, and the effect of their act of making a will at that time.

In a recent will challenge, the court noted that almost all of the caveators’ evidence on testamentary capacity were general allegations of confusion and deteriorating health. In re the Will of McNeil, the caveators claimed that Mrs. McNeil lacked the capacity to write a new will two week prior to her death. However, the caveators could not identify any specific instance in which the Mrs. McNeil was unable to recall the name of a family member or understand what was going on around her. The caveators produced no medical records or affidavits from treating professionals that showed Mrs. NcNeil suffered from any mental infirmity. Getting in evidence of capacity of the testator/will drafter is a major issue in a will caveat.

If you are a person who has an interest in a decedent’s estate and feels that the testator of the will may have lacked sufficient capacity to write the will in question, please contact Kirk Sanders 336-768-1515

Sanders Law Firm PLLC also handles business matters, collections, personal injury, and wrongful death cases.

336-768-1515

www.kirksanderslaw.com

New Bike Share in Downtown Winston-Salem:

Linville Team Real Estate Partners, LLC (http://www.linvilleteam.com/) have donated bikes and they are all around downtown.

There for downtown patrons to use and share. I have used them on a number of occasions to go to lunch or make a courthouse run.

Password for the lock is “PLAY”

The City of Winston-Salem has installed bike racks throughout downtown.

Recently, we had the old carpet in our basement and lower level bedroom removed & replaced with engineered hardwood.

We used engineered hardwood because the contractor had to lay it on concrete.

After meeting with several Hardwood installers, we felt the most comfortable with

Edwards Hardwood Flooring Co. (9011 Mibeck Road, Belews Creek, NC 27009)

(336) 595-3506

Mr. Edwards installed hardwoods for a very satisfied family member.

He was informative and professional. He installs hardwoods for Residential Contractors too.

He’s my recommendation if you’re looking to install or refinish hardwoods.

The picture above is not a picture of the floor Mr. Edwards installed.

For legal needs, go to www.kirksanderslaw.com