QUESTION
Can we challenge an old will my father had created?
Asked on Nov 15th, 2011 on Wills and Probate - North Carolina
More details to this question:
My father died in 2009. My step mother has given us no information on his estate but she has said if something happens to her, everything goes to me and my sister. However, two years later, we have seen nothing from her in the form of a will. My sister and I are looking to either challenge the will, or at the very least, determine how we can protect my fathers assets. We estimate his worth to be somewhere between $750,000 and $1,000,000 which consists of cash, a house, motorcycles, and a 401K investment plan.
Thank you in advance.
1 ANSWER
Litigation Attorney serving Raleigh, NC
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Burns, Day & Presnell, P.A.
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You can challenge a will within three years of the date of your father's death and the probate of that will. In order to be successful, you will need to show that he executed the will under duress, or undue influence, or that he lacked the mental capacity to execute a will. I suggest that you speak with a North Carolina firm that has experience in handling estate disputes to get additional information. Good luck going forward. -Jay Mills
Answered on Jan 06th, 2012 at 1:13 PM