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Relative had will changed while aunt was sick

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amy_chandler

Junior Member
What is the name of your state (only U.S. law)? North Carolina

My aunt helped raise several of her nieces. One in particular stayed with her alot while she was young (I'll call her Mary). My mother was also especially close to our aunt and uncle, and several years ago, while my aunt and uncle were still alive, they named my mother as 50% beneficiary along with Mary. My uncle died several years later. About a year ago, my aunt became very sick, and 7 months before her death, changed her will to give Mary 100%, leaving out my mom. My aunt was taken to the lawyers office by Mary and signed a document. My aunt told my mother that she had spent 5 hours there that day and it made her extremely sore. She died this past July 2010. I obtained a copy of the will which she signed in November 2009. There was no attorney company logo or anything on it. It looked like something printed from the internet. Could you give me some info on contesting the will?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? North Carolina

My aunt helped raise several of her nieces. One in particular stayed with her alot while she was young (I'll call her Mary). My mother was also especially close to our aunt and uncle, and several years ago, while my aunt and uncle were still alive, they named my mother as 50% beneficiary along with Mary. My uncle died several years later. About a year ago, my aunt became very sick, and 7 months before her death, changed her will to give Mary 100%, leaving out my mom. My aunt was taken to the lawyers office by Mary and signed a document. My aunt told my mother that she had spent 5 hours there that day and it made her extremely sore. She died this past July 2010. I obtained a copy of the will which she signed in November 2009. There was no attorney company logo or anything on it. It looked like something printed from the internet. Could you give me some info on contesting the will?
Was your aunt mentally competent at the time the new will was signed?
 

anteater

Senior Member
In a nutshell, the requirements for a will in North Carolina are:

§ 31‑1. Who may make will.

Any person of sound mind, and 18 years of age or over, may make a will.
§ 31‑3.3. Attested written will.

(a) An attested written will is a written will signed by the testator and attested by at least two competent witnesses as provided by this section.

(b) The testator must, with intent to sign the will, do so by signing the will himself or by having someone else in the testator's presence and at his direction sign the testator's name thereon.

(c) The testator must signify to the attesting witnesses that the instrument is his instrument by signing it in their presence or by acknowledging to them his signature previously affixed thereto, either of which may be done before the attesting witnesses separately.

(d) The attesting witnesses must sign the will in the presence of the testator but need not sign in the presence of each other.
Will contests tend to be lengthy and expensive. Your mother should consult with a North Carolina probate attorney with experience in contests.
 

amy_chandler

Junior Member
She would probably be considered competent, even though we knew she was very sick and was being manipulated big time to change the will. The copy I requested from the clerk's office looks strange. Is it normal that it does not have an attorney address or name on the copy I received? The clerk's office also told my cousin that I requested the copy. Told them my name and everything. Is that legal? I would just like to do something (contest the will) just to slow things down if nothing else. Can I do that without paying an attorney?
 

Zigner

Senior Member, Non-Attorney
She would probably be considered competent, even though we knew she was very sick and was being manipulated big time to change the will. The copy I requested from the clerk's office looks strange. Is it normal that it does not have an attorney address or name on the copy I received? The clerk's office also told my cousin that I requested the copy. Told them my name and everything. Is that legal? I would just like to do something (contest the will) just to slow things down if nothing else. Can I do that without paying an attorney?
Rest comfortably knowing that this never was your money, so you're not out anything in the first place.
 

anteater

Senior Member
Is it normal that it does not have an attorney address or name on the copy I received?
Did you read the requirements for a valid will in North Carolina?

The clerk's office also told my cousin that I requested the copy. Told them my name and everything. Is that legal?
Even if it were, it won't get the will invalidated.

I would just like to do something (contest the will) just to slow things down if nothing else.
I doubt that you have standing to contest the will. Your mother does.

Can I [your mother] do that without paying an attorney?
Theoretically? Sure. How many hours are you willing to spend in a law library?
 

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