Legal Question in Wills and Trusts in North Carolina

Legalities of contesting will & trust

Person dies 2/2002 leaving lengthy will and trust executed 3/2001. 2 major beneficiaries, several remainder beneficiaries. Estate value at TOD approx. $750,000. Previous trust document executed 1/1995 (same attorney, same witness, same notary). Step daughter (NOT blood relative of deceased) was beneficiary in 1/1995 document, not in 2001. Step daughter wants to contest trust document on grounds of undue influence (boyfriend of deceased) and mental incompetence (neither of which her blood relatives believes is true).

Does step daughter have legal standing in NC based on fact of previously being beneficiary?

If step daughter's lawyer files contest, may he petition and win legal fees even when case is lost?


Asked on 6/28/03, 11:28 am

1 Answer from Attorneys
John Heffernan Heffernan Legal Group, LLP

Re: Legalities of contesting will & trust

Yes and maybe.

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Answered on 6/30/03, 10:54 am


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