Legal Question in Wills and Trusts in North Carolina

what is the likely outcome of me contesting my grandfathers will( I know how to file my own lawsuit and cost my relatives a lot of money due to them having undue influence over my grandfather)We live in north carolina and my granddad is still alive and I believe I have a very good case with evidence to back it up,I really dont even care if I win I want to drain the estate of any money so that my cousin who caused my granddad to take me out of the will wont get a dime and will have to pay alot to defend aganist this lawsuit.


Asked on 11/01/11, 10:11 am

1 Answer from Attorneys

No attorney could possibly begin to give you the likely outcome without knowing any of the details. However, if you are going to represent yourself, the chances of success go downhill fast. You will be assumed by the court to be familiar with all the same rules and procedures as an attorney. The judge is only there to act as an umpire. However, it is not the judge's job to make objections or otherwise protect your interests. It is up to you. Also, judges hate pro se litigants as things inevitably are messed up in the case.

You claim you know how to file your own lawsuit. Then you should know that if your grandfather is alive, then you should realize that there can be no will caveat. Wills do not become operative until the testator is deceased. If your grandfather is still alive, he can make a new will if he is mentally competent too do so. If he is not, then your cousin could be removed as his power of attorney if your cousin has that power and you or anyone else could be appointed as guardian of your father's person and/or property. But this will not put you back in the will. The only way to challenge a will is to bring a will caveat after your grandfather's death.

No attorney is going to tell you how to file your own caveat. There are books at the law library. However, once the caveat is filed, it is up to you to move the case forward. If undue influence is alleged, you will have to prove it by talking with the doctors and anyone else wh was familiar with your grandfather. A caveat does not revive a prior will. Rather, if the new will is tossed out then your grandfather will be deemed to have died without a will and his property would be distributed as per the intestacy laws.

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Answered on 11/01/11, 4:25 pm


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