QUESTION

See NC law. My brother influenced my mother to leave him everything, me nothing. Her will was all handwritten by her, signed and dated.

Asked on Mar 10th, 2012 on Estate Litigation - North Carolina
More details to this question:
I do plan to contest the will: In this case, my brother witnessed an attested written will, and he was given a beneficial interest in property by the will. However, there were no witnesses to the will who were disinterested. Therefore, according to the law, he shall take nothing under the will, and the will is void to his interest in the will. The fact that this was a holographic will does not change the fact that since he was a witness to the will without other disinterested witnesses, he shall take nothing under the will. He witnessed it and probably influenced the writing of it. So, he could testify to facts about the will, BUT, since he did witness it, he shall not benefit from the will. I need case histories to back me up in court.
Report Abuse

1 ANSWER

You should talk with a litigator with experience in contesting wills and filing will caveats.  You should not try to do this on your own, particularly if the estate is significant.
Answered on Mar 15th, 2012 at 9:58 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters