This week the attorneys at Sanders Law Firm PLLC filed a Caveat against the Last Will and Testatment filed in an estate. By filing the caveat, which means “beware” in Latin. We are challenging the validity of the will was that was probated with the clerk for the estate. In essence, we believe the will was made with both undue influence, meaning the testator signed while being overly influenced by a party that benefits from the challenged will, and without testamentary capacity, meaning the testator didn’t have the wherewithal to know what he/she was doing when he/she signed the will. The Clerk then executes an order telling the purported executor not to make any distributions, but preserve the assets in the estate until a jury trial.
The next step in the Caveat process is to align the parties into two camps: propounders (supporters of the challenged will) and caveators (those challenging the wills validity).
After that, discovery will commence. Ultimately a jury trial will resolve the issue of the will challenge.
Sanders Law Firm, PLLC 336-768-1515 handles Will Caveat (Will challenges) throughout the state of North Carolina.
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