Legal Question in Wills and Trusts in North Carolina
Acting as executor for messy situation
A relative of mine recently passed away, leaving my mother as executor and me as alternate executor. My mother does not want to handle it because of the circumstances that surround the situation. Does she have to sign something passing it along to me? Do I have to sign to accept or decline?
Also, the contents of the house were left to my mother and the house itself left to my relative's two brothers. There are substantial credit card debts that must be handled. Will they come out of the house's contents as well as the actual house? If so, who is in charge of appraising the contents to say if they are worth anything (it's mostly junk).
I just don't want to get into something and end up being responsible for thousands of dollars because of my inexperience with probate laws and procedures. I also live 3 hours away and cannot miss work to personally sign for things. Can I still act as executor and appoint someone to sign local documents for me?
I know this is a lot of questions, but I'm truly lost as to where to even begin. I want my beloved Aunt's wishes carried out, but I don't want to make a mistake and begin my life already in debt because of this.
1 Answer from Attorneys
Re: Acting as executor for messy situation
Your mother can renounce her right to serve as executrix and then you would have to submit your application to be appointed.
This sounds like a mess and the orderly payment of debt is very important. NC has certain claims that have priority above other claims. It is likely that the personal property (contents) will be sold first to raise cash for the payment of that debt. You should proceed with any action only with the consent of the Clerk of Court in the form of a petition to the court and follow up order from the Clerk directing your next step and the proper order for payment of claims.
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