Legal Question in Wills and Trusts in North Carolina

Can someone tell me in a will caveat when you have a caveator and propounder and you align yourself as a propounder and then later on you decide that you dont want to be a propounder you just want to be nuetral and not be align with anybody how can I change that myself, I dont have an attorney.


Asked on 6/19/16, 7:49 pm

1 Answer from Attorneys

I assume by propounder you mean someone who benefits under the will or the personal representative of the estate. The caveat proceeding is just a challenge to the will. Is there any other beneficiaries or others who will be the propounders? If so, then you simply file a document with the court asking for dismissal of yourself from the action. This gets filed with the court and served on all other parties to the lawsuit. Although, I don't know if you can do this. I just have not had to research that issue yet and I don't feel comfortable giving you a definitive answer without checking. When a will caveat is filed you are either with the will or not. It might be automatic if you are a named beneficiary under the will. If there are other propounders to the will, do they have an attorney? If so, technically the attorney might be representing the personal representative or the estate beneficiaries. If so, you might want to see if he or she will draft something from you to withdraw you from the caveat case.

If you are the only propounder and you wish to discontinue, then the case is basically over and the caveator will get whatever he or she wants if you drop out. In that case, I would at least pay for a consult with a probate litigation attorney to make sure that you are doing the right thing. No responsible attorney is going to answer a question on a public bulletin board without knowing all the facts and reviewing the documents because there could be something that you have not related which would change the advice completely.

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Answered on 6/20/16, 8:41 am


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