Legal Question in Wills and Trusts in North Carolina

Since neither I nor any other lawyer has seen the will or have access to the evidence possessed by you and your brothers, how can we possibly give you any odds?

It matters not what brothers get under the will. The question for them is whether they get more under the intestacy law? If so, then it makes sense for them to file a caveat if they have evidence to show that the will was invalid.

You talk about having a doctor's note and opinion from the lawyer who I assume drafted the will that your mother was in her right mind. Undue influence has nothing to do with whether your mother was mentally competent. Undue influence means that your mother was subject to someone else's control such that any will she made was not the product of her desires. An example might be where mother lives with child A. Child A keeps mother locked in a room. Mother is totally dependent on child A. Child A suggests that mother make a will leaving everything to child A even though mother has 3 other children, B, C and D whom she loves equally. Child A has a lawyer come to the home and make the will. Under such facts, a court could find undue influence.

Now in your case you have not told me any facts as to why your brothers believe there was undue influence or why you believe there was not. It is obvious that your brothers did not get everything to which they feel entitled. But they have to have more than just being disgruntled. So what evidence do they have? Where did your mother live at the time of her death? Was she dependent on you or anyone else? Did you or that person end up with the bulk of the estate?

You need to answer these questions for yourself or in discussion with your attorney. It will also make a difference as to what county the estate is being probated in/where the caveat was filed and who the judge is. Not all judges are good ones. Does your attorney know the judge? What about the lawyer for your brothers? What about yoiur brothers? Are they politically connected? Are you? How much money are we talking about here between what your brothers would get under the will versus the intestacy laws? Would it be wise to settle? These are things you need to discuss with your attorney.