Challenged And Contested Will Lawyers in North Carolina
If you are interested in contesting a will for a deceased loved one, we understand that this is a sensitive and likely stressful time for you and your family. To make this process as brief and simple as possible, our estate attorneys provide comprehensive legal services to help facilitate the legal procedure. In North Carolina, the procedure of officially filing with the court to question the legitimacy of a will is called a will caveat. Navigating will caveats can be complex and involve many parties and components of the estate. Our estate litigation attorneys at The Van Winkle Law Firm have the necessary experience to successfully resolve will caveats for our clients. For more information on how our team can help you contest a will, contact us today to schedule an initial consultation!
The Van Winkle Law Firm brings an experienced team of estate planners and estate litigators to will contest cases for different types of wills and undertakes a thorough investigation of such matters.
Grounds For Contesting A Will
The process to contest a will begins at the initial probate court hearing. At this hearing, the estate administrator will present the deceased person’s will and prove its authenticity. Anyone wanting to contest the will has three years from the date of this hearing to do so. There are two main reasons someone can claim that a will is illegitimate. First, the form of the will, meaning the will was not executed properly. The second reason is the substance of the will may suggest its validity or the deceased person’s capacity or willingness to sign off on it. Specific examples of which include the following.
- Not having the required number of witnesses or correct type of witness at the execution of the will.
- The deceased capacity to sign off on the will is in question.
- The validity of the deceased’s signature on the document is in question.
- The deceased may have been coerced or influenced to sign the will.
How Our Estate Litigation Lawyers Can Help
The Van Winkle Law Firm has an experienced team of estate planners and estate litigators for will contest cases and are familiar with the procedure required to favorably conclude such matters. We treat all of our clients with respect and understand that litigation of any kind requires professionalism and patience. Our ultimate goal is to serve our clients to the best of our ability to accomplish their unique goals. For an individualized consultation with a knowledgeable estate attorney in North Carolina, contact us today to schedule an appointment.
