Legal Question in Wills and Trusts in North Carolina
Need advise for my father.
My grandmother was recently commited to an Assited Living Home. My dad and uncle are her only children & my Uncle is the executor of her will. Can my dad prove him to be unfit as the executor? He does not want to pay her outstanding bills, does not visit her, etc. He has control over all of her assets until she passes. Thank you.
Asked on 8/13/07, 7:27 pm
1 Answer from Attorneys
Charles W. Field
Charles W. Field, Attorney at Law
Re: Need advise for my father.
If the uncle is only the executor of the will and not her court-appointed guardian, he can't do anything with her money and/or property while she is alive. If no guardian has been appointed, your dad can apply. If the uncle has been appointed guardian, your dad can file a petition to have the uncle removed for not fulfilling his duties.
Answered on 8/14/07, 2:17 pm