Legal Question in Credit and Debt Law in North Carolina

My father died in 2009, leaving a will and a trust. My brother is named as executer of both for the benefit of my mother. In the will, it states that I am to receive his personal vehicle as soon as practical upon his death and am to receive half of personal belonging not left t my brother in the will. In addition, if there are any funds left after taking care of my brother, I am to receive half. I have been to an attorney and have advised my brother to either give me or reimburse me for the cost of the vehicle and attempted to set up a list of belongings left to me after my mother leaves the home. He has not responded or compiled. What can I do.


Asked on 8/23/11, 5:51 pm

1 Answer from Attorneys

Where is the will being probated? Why has your brother not yet completed distribution of the estate? What has your brother done thus far (inventory, accoounting and payment of claims)? Does the estate have an attorney? Are there enough assets in the estate to pay any claims? Was the car owned free and clear? Why is there a will and a trusts? Was this a revocable living trust and pourover will or some kind of testamentary trust created in the will itself? The answers may dictate what you do next.

Since you went to an attorney already, its not ethical to intervene. I don't know what the attorney told you or when you consulted the attorney or if the attorney did anything. I would suggest that you go back to the attorney and ask what to do next. Usually, the attorney would have to file a motion to compel distriution but it depends on what has been done thus far and why no distribution was made.

If you cannot afford an attorney, I would get a copy of the estate file and see what assets are listed, what claims have been filed and what has been done. If the estate is in North Carolina and nothing has been done, the clerk can compel your brother to act. If he does not comply, the clerk can order your brother to be removed. However, if the estate is unduly complex or the executor is waiting for final tax approval, the delay might be justified, but that will be more clear once you review the file.

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Answered on 8/23/11, 8:29 pm


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