Will Challenge Litigation Timeline in NC
NC Estate Litigation Attorney, Kirk Sanders, discusses the time period and different stages of litigation over a challenged Last Will and Testament in North Carolina. This must-see video is for the potential client to understand what to expect time wise when attacking / challenging a decedent’s last will and testament. The video includes a discussion about the filing of the complaint or caveat, alignment of the parties, discovery process, mediation, and trial. Timeline & Description of Phases in Caveat Litigation (NC) Call Kirk Sanders at Hendrick Bryant Nerhood Sanders & Otis...
Read MoreHow to Compel Filing of a Will
Problem: Someone has the original Lost Will & Testament but refuses to file it. Or they refuse to give it to you to probate with the Clerk of Court. Solution: Motion to Compel Production of a Will To learn more, go to my companion website and read more on this subject at http://kirksanderslaw.com/blog/compelling-production-will For your fiduciary litigation needs, contact the Estate Litigation Attorneys at Hendrick Bryant at 336-723-7200
Read MoreWhat is being attacked in a Will Contest
A Will caveat is an in rem proceeding. N.C. Gen. Stat. § 31-32. It is an attack upon the validity of the instrument purporting to be a will. The will and not the property devised is the res (or probated assets) involved in the litigation. So when a caveator is contesting a will in NC, they are attacking the validity of the will, not the estate. An attack on the estate, or interpretation of the will, is a different type of estate litigation case. See also 1961 case, IN THE MATTER OF THE WILL OF SARA B. COX, Deceased A will contest has to be filed within three years of the will being...
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