# contesting a will in North Carolina **URL:** \ **Category:** In My Humble Opinion\ **Created:** [February 1, 2013, 4:09pm UTC](https://boards.straightdope.com/t/contesting-a-will-in-north-carolina/649040 "2013-02-01T16:09:09Z")\ **Posts on this page:** 6\ **Page:** 1
**Author:** ![blood63](https://avatars.discourse-cdn.com/v4/letter/b/97f17d/32.png) [@blood63](https://boards.straightdope.com/u/blood63)\ **Post date:** [February 1, 2013, 4:09pm UTC](https://boards.straightdope.com/t/contesting-a-will-in-north-carolina/649040/1 "2013-02-01T16:09:09Z")
I know absolutely nothing about estate law. I friend’s mother recently died. The friend is an American citizen and living in Ontario. Her mother died in North Carolina. The will left her nothing and all to her step father. She has no way to travel to North Carolina and no money for a lawyer. She has asked her brother, who lives in North Carolina, to see the will. The brother says there is no way for her to see it. Is it not possible that there is something fishy going on? Does she have no rights in this case? Her mother died rather quickly. What if she agreed to a change in the will in her last few days. Is it still valid? ---
**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\ **Post date:** [February 1, 2013, 7:26pm UTC](https://boards.straightdope.com/t/contesting-a-will-in-north-carolina/649040/2 "2013-02-01T19:26:30Z")
Good thing this is not specific legal advice being sought… > **[How to Reference South Carolina Code of Laws](https://legalbeagle.com/8126666-reference-south-carolina-code-laws.html)** > > A writer should cite a section from the South Carolina Code of Laws as: S.C. Code Ann. § 1-2-345 (1976). They should cite a section from the South Carolina Code of State Regulations as: S.C. Code Ann. Regs. 19-501 (2011). Rule 268 of the South... > **[Contested Will Attorney in Columbia SC | Estate Lawyers in SC](https://wills-trusts-attorneys.legalmatch.com/SC/Columbia/contested-will-attorneys.html)** > > Present Your Case to Contested Will Lawyers in Columbia. They'll review your case and respond within 48 hrs. A free service, LegalMatch has a 98.7% satisfaction rate. Otherwise, people would suggest you ask an expert. For example, does a will have to be publicly available? > [@](#): > > 1. Mistake - Mistakes happen and sometimes they can provide grounds for contesting a will. If the person making the will is under a mistaken belief of fact, if the testator is mistaken in believing something as factual, that type of mistake will generally not invalidate a will. However, if a will is signed by mistake or if it can be proven that they did not intend to include certain things in the will, these mistakes can provide grounds to challenge a will. [http://boards.answers.findlaw.com/index.php/topic/172699-contest-a-will/](http://boards.answers.findlaw.com/index.php/topic/172699-contest-a-will/) > [@](#): > > You’re free to get a copy of a will from the probate court if it’s been filed. ---
**Author:** ![samclem](https://avatars.discourse-cdn.com/v4/letter/s/a9a28c/32.png) [@samclem](https://boards.straightdope.com/u/samclem)\ **Post date:** [February 1, 2013, 7:35pm UTC](https://boards.straightdope.com/t/contesting-a-will-in-north-carolina/649040/3 "2013-02-01T19:35:12Z")
Real-life legal questions belong in IMHO. Moved from General Questions. **samclem** , moderator ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [February 1, 2013, 8:04pm UTC](https://boards.straightdope.com/t/contesting-a-will-in-north-carolina/649040/4 "2013-02-01T20:04:30Z")
From personal experience: No matter how in the right you are, expect the step-father to eventually take it to court. Check NC probate laws to see if as next-of-kin qua an interested party the executor(rix) needs to send you a copy of the will. If the father-in-law is executor, see what the procedure is to have him removed. In my case the judge made the ex-wife trying to steal the estate the executrix so after she bled the estate dry as much as she could she turned it over to my sister and me. ---
**Author:** ![Siam\_Sam](https://avatars.discourse-cdn.com/v4/letter/s/d78d45/32.png) [@Siam\_Sam](https://boards.straightdope.com/u/Siam_Sam)\ **Post date:** [February 2, 2013, 1:36am UTC](https://boards.straightdope.com/t/contesting-a-will-in-north-carolina/649040/5 "2013-02-02T01:36:54Z")
I’m curious about what would happen if it turned out the OP’s friend really was mentioned in the will after all, but the folks in NC just conveniently ignored that fact and said otherwise. Could they eventually be charged with a criminal count of fraud if found out? ---
**Author:** ![racer72](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/racer72/32/3075_2.png) [@racer72](https://boards.straightdope.com/u/racer72)\ **Post date:** [February 2, 2013, 3:53pm UTC](https://boards.straightdope.com/t/contesting-a-will-in-north-carolina/649040/6 "2013-02-02T15:53:39Z")
Just read a lot more about North Carolina probate than I care to admit. Probate only needs to be addressed if the person that died had real property in their name only. If the property also includes the spouse, the property automatically transfers to the spouse. Other things that have beneficiary designations such as life insurance policies and retirement plans also do not require probate. If the estate did require the use of a probate court, a will must be filed at that time. If there was no will, the deceased in considered intestate and the court decides division of any real property. From what I could gather based on the info supplied by the OP, if the mother passed on with a will but had no real property in her name alone, there would be no requirement for probate to be filed. In this case, all property goes to the surviving spouse. Much the same as community property states even though North Carolina is not one. Her sole rights would then be based on the generosity of the step father. If the estate did need to be probated and was not, the use of an experienced probate attorney would be required.