Changes to Effect of Will Caveat on Probate Proceeding
Beginning October 1, 2009, when a lawsuit is filed to contest a Will (Caveat), the probate administration will no longer be fully suspended until the caveat is resolved. Only certain actions, such as distributions to beneficiaries and payment of personal represenative's commissions, will be prohibited.
Session Law 2009-131, amending N.C.G.S. Section 31-36.
I would like to know how to fill out the forms to caveat a will
RESPONSE: There are no standard forms to fill out. I recommend that you consult with an attorney to find out what is involved in a caveat procedure.
Grandma did a will in 2002 which was fair. After her death this year, I found out that her son had power of attorney in 2007; because my grandma cannot metally and physically take care of herself anymore. Can the son, who is executor of estate in both wills have a extreminly detailed 2nd will crated in 2009 created and it be legal? The 2nd will gives him all land, home, and 50% of the money, and his wife was added and his 2 children. My mother predeceased her so she was giving her 50% only to me and my 2 brothers on the first will.
RESPONSE: If your grandmother was not competent to sign the second will or if her son unduly influenced her, it may be possible to have the will set aside. I recommend consulting with an attorney about the matter.
my father passed away in Nov 2011. we have not spoken for many years and my sister and i were not mentioned in the will. i was recently released from prison and was told that i have a legal right to contest the will under N.C. law because nothing was left to my sister or myself. how do i begin to start contesting this matter.
RESPONSE: You will need to hire an attorney to institute the proceeding.