Legal Question in Wills and Trusts in North Carolina

When my sibling died I became the owner to his house. But the executor refuses to give me the key to the house. I paid for the funeral because the executor refused to pay for the burial. I have requested to be reimbursed but the executor's attorney said that all of the heirs must be located before he can reimburse me. While the attorney and exectuor claim to be searching for the heirs, the attorney and executor are paying themselves and using up all of the money and resources. It is going on two years, and I they refuse to repay me. Soon all of the money will be gone. Is that legal. That the attorney and executor can use up all of the money and not repay me for paying for the funeral. It was their responsiblity to pay for the funeral not mine.


Asked on 11/20/11, 9:19 am

1 Answer from Attorneys

You were not obligated to pay for the funeral and I don't know why you did that. Funeral expenses are only a priority of up to $2500 and even those come after administrative expenses (attorney's fees, fees for the personal representative, probate fees etc.).

You do not really provide enough facts regarding the personal representative's and attorney's search for the missing heirs. There are services and just because neither has clued you in to their efforts (they need not file a report to you) does not mean they have not been diligently searching.

However, you have questions. What I would do is get a copy of the will, inventory and any accounting that has been filed and pay a probate attorney to review the documents. You will need an attorney in the county/state where the estate for the deceased is pending.

If the attorney and personal representative are truly doing nothing, the personal representative can be removed from the estate. However, if the estate assets are not sufficient to pay any claims, then the real estate will be sold and the funds used to reimburse you (up to $2500) and pay for the other expenses.

Regarding title to the home, title automatically passed at death to the heir designated in the will. However, the personal representative needs to inventory the home. The personal representative would need permission to sell the home if the assets were insufficient to pay any claims for the estate. Once the inventory is complete and there are sufficient assets to pay any claims, I don't understand why the personal representative has not made distribution to you. You may want to ask the probate attorney to look into this matter. WSho has been paying the mortgage, if any, and taxes on the home? Technically, this is your responsibility if you are the owner.

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Answered on 11/21/11, 3:20 pm


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