Discovery in Will Contests
When the probate litigation lawyers at Hendrick Bryant file a Will Contest (will Caveat), we also file discovery requests per the N.C. Rules of Civil Procedure. If the case is based on capacity of the testator at the time of execution of the Last Will & Testament or if it’s based on Undue Influence on the testator, then medical records are vitally important. So we ask for medical records around the time the will was executed and beforehand. These requests include: Medical & health records and bills from {DATE} to her Date of Death, including: medical records doctors notes...
Read MoreNC Change of Beneficiary Form Challenges & Mental Capacity
NC Change of Beneficiary Form Challenges & Mental Capacity Last Wills & Testaments only transfer undesignated assets such as real property, accounts without death beneficiaries, personal property, stocks, business interests. But what if the decedent allegedly signed a Transfer on Death (a/k/a Paid on Death Beneficiary, life insurance policy, annuity contracts, Totten Trust, Joint Account with Right of Survivorship) or a deed before they died? Similar rules apply to challenging the document as there are with Will Contests (aka Will Caveats). Was this an invalid gift? Did the decedent...
Read MoreContesting a Will Litigation in NC
Will Contests a/k/a Will Caveats are a mysterious kind of case in the civil litigation realm. They are unique. Lawsuits challenging a wills validity are an in rem proceeding. This means it’s a lawsuit describing the power a court may exercise over property. Colloquilly will contests are called breaking a will Typically, these are emotionally charged cases, much like a domestic case. Most times family members are pitted against each other. For example, siblings vs. siblings. Children vs. stepparent, cousins vs. cousins, etc. The procedure to follow in a will contest in North Carolina is...
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