Attested Wills In North Carolina
Testamentary Formalities – Attested Wills In North Carolina In North Carolina, the most common type of will is the attested written will, governed by N.C. Gen. Stat. § 31-3.3. An attested will is witnessed by others. Attest meaning “to declare to be true, to bear witness to, certify”. The statute has four requirements, all of which are necessary for a valid attested written will. (1)First, an attested written will must be signed by the testator and attested by at least two competent witnesses. This means that the person who seeks to create her last will and testament must sign the will, and...
Read MoreLis Pendens NC & freezing estate assets
Lis Pendens is one of the more important filings in a Will Contest or Fiduciary Litigation in North Carolina (NC). Lis Pendens roughly means ‘litigation pending’ and puts persons on notice that the real estate involved in the estate, trust or fiduciary matter is part of a lawsuit. In North Carolina litigation matters, this is an extremely powerful tool. Without the lis pendens, it’s possible for real estate that could be brought into the case gets transferred. One of the main questions to be asked before pursuing an estate litigation claim is whether there are still assets...
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