Probate Litigation FAQ

If you and your family are divided over a will, trust or estate, below are answers to frequently asked questions about probate litigation.

1. 1. What is the will contests process?
2. In North Carolina, mediators are usually selected by both parties to help them reach a settlement for the will contests. If the parties can not agree on one, then a mediator will be court appointed. The two sides will have an opportunity to settle the dispute outside of court. If a settlement is not reached, the case will proceed to a court hearing with a jury.
3. 2. Are estate disputes tried in front of a jury?
4. Estate litigation can take several months to a year before a verdict is reached. These disputes are resolved before a law clerk, who sits as a probate judge in North Carolina. The law clerk determines how quickly the case will be heard based on his or her schedule. The case will be tried either in a conference room or in a court room, depending what the law clerk decides.

3. On what grounds can a will be challenged?

Anyone in a family can challenge a will, such as the surviving spouse, children, siblings, grandchildren or other relatives. But they need to have a strong reason to contest the will, such as:

• Mental incapacity
• Undue influence
• Fraud or duress
• Executor misconduct
• Statutory validity of the will
• Last minute changes to the will

4. How can the authenticity of a trust be determined?

In probate litigation, the authenticity of a trust if often contested. Mr. Robinson interviews caretakers and anyone else who took care of the decedent to determine if he or she was influenced by someone else. He also reviews medical records to understand if the decedent was in of sound mind to make a decision regarding the will.

5. What do you need to begin an investigation?

The names and address of people who took care of your loved one would be valuable. Medical records are also important to review the descendant's mental state before he or she died. In addition, Mr. Robinson evaluates bank statements and estate documents to determine the value of the estate.

Contact Us

To schedule a free consultation, contact the Robinson Law Office by e-mail or call 704-373-0077.