Legal Question in Wills and Trusts in North Carolina
Can someone tell me what happen at a verified caveat hearing in court, and requests a peremptory setting as the matter involves a will caveat and numerous individuals will need to be present in court. what does this mean?
1 Answer from Attorneys
You have legal jargon mixed in with nonsense and I cannot make sense out of your post. Rather that stick in stuff, it would help to know the context of this. Who died? When? Where is the estate going to be probated? Who is the executor? Who is the caveator? If a caveat was filed, when? When is the hearing set for? Does the executor have an attorney? What about the caveator?
I don't know what you mean about a caveat being verified and a peremptory setting being requested. What the hell is a peremptory setting? Caveats are like any other civil court case and go before a judge. Parties get to engage in discovery and if the matter cannot be resolved by a family settlement agreement, then a trial is scheduled.
Witnesses are great but more than witnesses might be required. What about documents?
You are going to need your own lawyer regardless of whether you are the executor or caveator. I suggest you get a probate litigation attorney in the county/state where the estate is pending and discuss the grounds of the caveat and what happens if you win or lose and what evidence you have to support or counter the caveat. And caveats are not going to be cheap. Litigation gets real expensive real quick. So you had better know what assets are in the estate and whether you are entitled to a piece of them to know if this caveat is going to be worthwhile. Even if it is not, sometimes caveats are woth it as they can be used as a bargaining tool to extract a family settlement agreement.