What steps should I take if I suspect a fraudulent will is affecting probate proceedings in my family?

1. Detailed Answer

Discovering that a will in your family’s probate case might be fraudulent can feel overwhelming. North Carolina law gives interested parties a clear path to challenge any will they believe lacks authenticity or was procured by fraud. Acting promptly and methodically can protect your loved one’s estate and your family’s inheritance rights.

1.1 Review Probate Filings and Deadlines

• Visit the Clerk of Superior Court where the estate is filed. Request a copy of the will and all related filings.
• Note the date the will was offered for probate. Under N.C. Gen. Stat. § 31-17, you generally have 30 days from that date to file any objection or caveat.

1.2 Gather Evidence of Fraud

Compile documents and testimony that cast doubt on the will’s validity. Common red flags include:

• Signatures that differ from the decedent’s known handwriting.
• Unexplained changes in estate beneficiaries.
• Evidence that the decedent lacked mental capacity or was under undue influence.
• Missing or unreliable witnesses to the will’s execution.

1.3 File a Formal Objection or Caveat

North Carolina law requires anyone challenging a will to act quickly:

• File a written objection with the Clerk of Superior Court within 30 days of the will’s probate filing.
• Alternatively, you may file a caveat to prevent the clerk from admitting a dubious will. Prompt filing stops the clerk from issuing Letters Testamentary until the dispute resolves.

1.4 Initiate a Will Contest

If the clerk admits the will over your objection, you can take the matter to Superior Court:

• File a formal will contest in the same county where the estate is open.
• Cite grounds such as forgery, fraud in the inducement, lack of testamentary capacity, or undue influence.
• Serve all interested parties and the personal representative.

1.5 Use Discovery to Uncover Facts

During litigation, you can request documents and depose witnesses:

• Obtain the original will or any drafts from the custodian.
• Depose attesting witnesses about the execution process.
• Seek medical records to assess the decedent’s capacity.

1.6 Seek Court-Ordered Protection of Assets

Fraud allegations can slow distribution and jeopardize estate assets:

• Ask the court to appoint a special administrator to secure property.
• Request an order freezing disbursements pending resolution.

2. Key Steps to Address a Suspected Fraudulent Will

• Obtain probate records from the Clerk of Superior Court immediately.
• Note critical deadlines for objections and caveats under N.C. Gen. Stat. § 31-17.
• Collect evidence: signatures, medical notes, and witness statements.
• File an objection or caveat in writing within 30 days of probate initiation.
• Initiate a will contest in Superior Court if the clerk admits the questionable document.
• Use formal discovery—document requests and depositions—to build your case.
• Request the court protect estate assets through a special administrator or freeze order.

Conclusion and Call to Action

Suspecting a fraudulent will in your family’s probate case can create uncertainty and conflict. North Carolina law provides clear procedures to challenge and investigate any will you believe lacks authenticity. Acting swiftly—tracking deadlines, gathering evidence, and filing formal objections—gives you the best chance to protect the estate and your rights.

At Pierce Law Group, our attorneys have extensive experience guiding families through contested probate matters. We understand the stakes and move quickly to preserve assets and enforce your rights. Contact us today to discuss your situation in confidence. Email us at intake@piercelaw.com or call (919) 341-7055.