More details to this question:
Posted Mar 10th, 2012
See NC law. My brother influenced my mother to leave him everything, me nothing. Her will was all
handwritten by her, signed and dated.
Additional Details:
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.
1 ANSWER
Litigation Attorney serving Raleigh, NC
at
Burns, Day & Presnell, P.A.
Update Your Profile
You need to hire an attorney who is experienced in these types of claims. There are several firms throughout North Carolina with experience in estate litigation, including my firm. I suggest you contact someone immediately to see if they can assist you in pursuing your will caveat and other issues relating to your mother's estate.
Answered on Apr 06th, 2012 at 9:56 AM