Will Caveat Litigation Resolved in Surry County

Posted on Sep 29, 2014 in News

A challenge to the validity of the Will of Rachel B. Harris was successfully resolved by Kirk Sanders. The Will Contest involved the Estate of Rachel B. Harris of Mt. Airy, North Carolina.

A caveat action was filed in Surry County, North Carolina alleging the will contest grounds of: undue influence and lack of capacity by the testator. In deposition, the propounder testified that she used a Legal Zoom will, drafted it and presented to her mother. The proposed will document left out one of the mother’s children. The propounder stated that she didn’t inform the mother that the caveator-son was left out of the will and the mother didn’t ask about the son.

In the process of contesting the will, Caveator’s attorney, Kirk Sanders, had to file motions to compel discovery with the Court. The Court ordered the propounder to answer discovery. Subpoenas were issued for bank records. Caveator filed interrogatories, requests for production of documents, motions to compel, motion to approve settlement, motion for attorney fees, motion and order for alignment of parties. The Court heard motions on compelling discovery, sanctions on failure to deliver discovery responses, quashing a subpoena, approving settlement, and attorney fees.

Caveator was successful in getting attorney fees awarded to the Will Challenger for his attorney fees pursuant to NCGS 6-21(2).

The case was resolved in mediation.

An interesting wrinkle occurred when the caveator died during the litigation and caveator’s executor, Bryan C. Thompson, was substituted as a party.


Court: Surry County Superior Court

Case number: 12 E 574

Judge: Moses Massey

Caveator’s Attorney: Kirk Sanders of Sanders Law Firm, PLLC (Winston-Salem)

Amount: One Third (1/3) of Real Property of Estate

Date Approved by Court: September 15, 2014

Collectability of the judgment? Collectible. The parties will sell the real property and distribute per the Will Caveat Court Order.

Call Kirk Sanders at 336-768-1515