Can I challenge a will if my spouse lacked mental capacity? | NC

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Q: Can I challenge a will if my spouse changed it while seriously ill and possibly not mentally capable? A: Yes. In North Carolina, a surviving spouse can challenge a will by filing what is called a caveat, if they have a financial interest in the estate and evidence that the deceased spouse lacked testamentary capacity when the will was signed. Serious illness by itself is not enough. The key…