Legal Question in Wills and Trusts in North Carolina

9 months ago my brother and sister had the clerk of court remove me from my home of past 18 years to partition property and sell property. I was the executor of the estate and unable to finance legal assistance to go to court and pay bond to remain on property till sold. I have recently seen the property and it is not being maintained and For Sale signs have been removed. My mother left me in charge as my 2 siblings are financially ok. I became homeless for 2 months. What can I do in NC.


Asked on 6/20/12, 10:56 am

1 Answer from Attorneys

I don't understand what one thing has to do with the other. Being an executor of an estate for your mother does not give you superior rights. Even though you are tasked with administering an estate, an estate involves more than just caring for land.

If you were named as the executor in the will, did you probate an estate? Has that been completed? Who was devised the land?

If the will left the land to you and your siblings and all debts were paid, then if you wanted the home you would have been compelled to buy out their share. If you could not afford to do that, that is unfortunate, but I don't see why they have to allow you to stay on the land rent free without compensating them even if they are financially better off.

As far as lack of maintenance and removal of signs - is it possible that a sale has now gone through?

If a sale has not gone through yet, then all of the heirs to the property are equally responsible for maintaining it.

I am not sure what you want a lawyer to do. Perhaps a probate or real estate lawyer will represent you for free but the bottom line is that if you want the home, you need to be able to buy out the share of your siblings. If you cannot do that, then the land is going to be sold and the proceeds will be split among you.

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Answered on 6/20/12, 5:31 pm


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