Legal Question in Family Law in North Carolina

It depends on what assets are in the estate and what debts are in the estate. The valid debts must be paid before the beneficiaries get anything. If there are enough assets to pay the debts but not enough for the beneficiaries, then the gifts have to be "adeemed" in order.

However, assuming that there are no debts or that the debts are all taken care of and there is enough assets to cover the bequests, then you have a definite problem if the executor is not including you as an heir contrary to what is in the will.

My question is why would an executor do that? Something is not right here. However, if the facts are as you relate then you need to get to a probate attorney who practices in the county/state where the estate is pending. Pay the lawyer to review the will, inventory and any accountings and see what can be done.

If the estate is still open and the final accounting has not been confirmed then you can object to your omission from the distribution.

If the estate is closed, it can be re-opened and action can be taken against the executor if there was misfeasance.