What is a Will Caveat (a/k/a a Will challenge)? It’s when the validity of the will is questioned due to the execution of the will, the competency of the testator (the signer of the will), and/or undue influence on the maker by a person.
In the case discussed at hand, two sons who were excluded from their father’s will have reached a settlement with the father’s estate for $190,000.
The testator, Mitchell D’Or, died in June 2012 at the age of 58. A new will Mr. D’Or executed in May 2011 had specifically excluded his adult sons and left his entire estate to two charitable beneficiaries in Asheville, North Carolina.
The sons introduced many medical records indicating that their father suffered from numerous mental conditions and disorders, including bipolar disorder and post-traumatic stress disorder, at the time that he executed his last will and testament. So this was a challenge to the competency of the testator when making the 2011 will.
The inventory of the estate was valued at approximately $900,000, Christy said.
A settlement was reached Oct. 1, 2013 and approved by Buncombe County Superior Court Judge Alan Thornburg. All will caveat cases in NC have to either be settled with a Family Agreement that’s approved by the court or tried by a jury.
All the parties agreed to mediate prior to the litigation.
If a will caveat is going to be filed, it must be filed in N.C. Superior Court within 3 years or is barred by the statute of limitations.
If you have a will caveat case that you need to discuss, please call Kirk Sanders at 336-724-4707. Statewide representation.
Attorney Referral arrangements are available as well as Contingency fee attorney fees.
SETTLEMENT REPORT – WILL CAVEAT
Case name: In Re Will of Mitchell Lath D’Or
Court: Buncombe County Superior Court
Case number: 12 E 784
Judge: Alan Thornburg
Settlement date: Oct. 1, 2013