NC Will caveat attorney

A recent case highlights issues with Will Caveats (aka Will Challenges or Testing of a Will) and the influence of a power of attorney.

In the case IN RE RUBY ELLEN KING – 13 E 745 and 13 CVS 12218 (Wake County, NC) two of the deceased’s children were disinherited in a purported (questionable) will written by 92 year old Ruby King. Ms. King died in 2013 at the age of 95.

Two lawsuits were filed: 1) the Estate Caveat & 2) tortuous interference with contract.

ISSUE: What do you need to do if there is an estate in one county or state and real property held by the decedent in another county?

In the event a person is administering an estate in one county where the decedent died, but the decedent held property in his/her name in another county, one needs to consider an ancillary proceeding in the county or counties where the real property is located. This is necessary for title to pass to the beneficiaries in the estate.