Legal Question in Wills and Trusts in North Carolina

My grandmother died in 2003 and every thing went to my grandfather and then my cousin moved in with my granddad around 6-2004 I was taken out of my grandfathers will in 11-2004 and i have no doubt that it was due to undue influence by my cousin, do you think I have a good case,I have other relatives that would testify that my cousin wanted me out of the will so he could get more money. My mother is dead and my cousins mom is dead to which both were sisters. I definetly want to contest this will.


Asked on 10/31/11, 7:30 am

1 Answer from Attorneys
Rachel Hunter

I don't know when your grandfather died or the sate in which he resided at the time of his death so I am unable to answer your question.

There are time limits for bringing a will caveat. Also, a will caveat does not revive a prior will. All it will do is kick out the will procured by your cousin. If you would still stand to inherit under the intestacy laws of the state where your grandfather lived at the time of his death, then you need to figure out how much you will stand to inherit. You will have to decide whether the amount involved will justify a caveat by you. Beware - litigation is very expensive.

I suggest that you meet with a probate litigation attorney in the county/state where your grandfather resided. Bring in the two wills and discuss with the attorney how much this will cost and your likelihood of success. That is fine that you want to challenge the will on undue influence grounds, but you will have to be able to prove, via the evidence, that undue influence existed.

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Answered on 10/31/11, 12:43 pm


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