Short Answer

Yes. In North Carolina, a child disinherited by a stepparent can contest a will by filing a “caveat” if they have a direct financial stake in the outcome and they act within the required timeframe. Generally, you have up to three years after the will is admitted to probate in common form, but if the will was probated in solemn form you must object before or at that hearing. Other remedies may also apply, including claims against a power-of-attorney agent and the Slayer Rule.

Understanding the Problem

You are asking whether, under North Carolina probate law, you can challenge a will that leaves you nothing when a stepparent managed your parent’s care and later excluded you. The key decision is whether you, as a disinherited child, may file a will contest (called a caveat) now, given that your parent died two years ago and the will was used to administer the estate. The timing of probate and how the will was admitted matter.

Apply the Law

North Carolina allows an “interested” person—someone with a direct financial stake, like a disinherited child—to contest a will by filing a caveat with the Clerk of Superior Court in the county of probate. If the will was admitted in common form, you typically have three years from that probate date to file. If the will was or is being probated in solemn form, you must object before or at the clerk’s hearing or you may be bound. Once a caveat is filed, the clerk transfers the case to Superior Court for a jury trial. While the caveat is pending, the personal representative must preserve the estate and hold off on distributions, with narrow exceptions. Typical grounds include lack of capacity, undue influence, fraud, duress, or improper execution. Separate but related claims may exist against an agent under a power of attorney and under North Carolina’s Slayer Rule if there was an unlawful killing.

Key Requirements

• Standing (interested person): You must have a direct financial interest, such as being an heir who would take more if the will is set aside or under a prior will.
• Timeliness: File within three years after probate in common form, or object before/at a solemn-form hearing; limited tolling may exist for legal disability.
• Proper forum and filing: File the caveat with the Clerk of Superior Court in the county where the will was probated; the clerk then transfers it to Superior Court for a jury trial.
• Recognized grounds: Lack of testamentary capacity, undue influence (often arising when a caregiver or spouse dominates decisions), fraud, duress, or defective execution.
• Related remedies: Claims for breach of fiduciary duty or constructive fraud against a power-of-attorney agent, and Slayer Rule proceedings if an unlawful, intentional killing is alleged.

What the Statutes Say

• North Carolina Gen. Stat. § 31-32 (Caveat; who may file; three-year period) – Sets who can contest a will and the typical three-year window after probate in common form.
• North Carolina Gen. Stat. § 28A-2A-7 (Probate in solemn form) – Requires objections to be raised before or at the hearing and can bind parties who are served.
• North Carolina Gen. Stat. § 31-33 (Transfer to Superior Court; notice) – Clerk transfers caveat to Superior Court for jury trial and provides notice to interested persons.
• North Carolina Gen. Stat. § 31A-3 (Slayer defined) – Defines “slayer” and triggers bars to inheritance if a person unlawfully and intentionally kills the decedent.

Analysis

Apply the Rule to the Facts: You are a disinherited child, so you have the required interest to file a caveat. Because your parent died two years ago, the key is when the will was admitted to probate. If it was probated in common form less than three years ago, you likely remain within the filing window. If it was probated in solemn form and you were served, you may be bound unless an exception applies. Your concerns about a POA agent spouse and a possible medication overdose support potential undue influence grounds and separate fiduciary or Slayer Rule claims, but the slayer bar requires proof of an unlawful, intentional killing.

Process & Timing

1. Who files: A disinherited child (an “interested person”). Where: Clerk of Superior Court in the North Carolina county where the will was probated. What: A written caveat filed in the existing estate file (include the estate/case number) with the required filing fee. When: Within three years after probate in common form, or before/at the solemn-form hearing if that procedure is used.
2. After filing, the clerk gives notice to interested parties and enters orders limiting distributions while the caveat is pending. The case is transferred to Superior Court for a jury trial; scheduling varies by county.
3. The case ends with a jury verdict or a court-approved settlement. The judge enters judgment admitting or denying the will to probate in solemn form, and the clerk resumes administration consistent with that judgment.

Exceptions & Pitfalls

• If the will was validated in a solemn-form proceeding and you were properly served, you are usually barred from later contesting it.
• Some parties are bound by a pre-death “living probate” order validating the will; if you were a party, a later caveat is typically barred.
• All scripts that could be the will should be offered in one caveat; holding a known prior will back can bar later probate of that writing.
• Service errors can affect who is bound; persons not properly served in a prior solemn-form or caveat proceeding may not be bound.
• Fiduciary and wrongful death claims run on different, often shorter, deadlines than caveats; act quickly to preserve them.

Talk to a Probate Attorney

If you’re dealing with a disinheritance by a stepparent and need to assess a will caveat, fiduciary claims, or the Slayer Rule, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.