QUESTION
can a will that has been submitted for probate be contested. if so what options do I have?
Asked on Sep 27th, 2020 on Wills and Probate - North Carolina
More details to this question:
my brother died 7/2016 with complications from dementia. 4 years later, his spouse produced a will that excluded his children (they are adults) and left every thing to her. I am certain that he was in the early stage of Alzheimer when this will was prepared. The will was submitted for probate in 2/2020.
1 ANSWER
2 Awards
A Will which has been submitted for probate can be contested. However, it may be very difficult to prove that your brother did not have legal capacity to make a Will "in the early stage of Alzheimer." Most people do have a lucid moment at the point and only a lucid moment is required to make a Will.
Answered on Sep 28th, 2020 at 5:05 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.