Legal Question in Wills and Trusts in North Carolina

My brother is a liar and thief and manipulates situations as he sees fit. My sister and I and brother are co-executors for my father and my brother is acting without my consent and drawing up papers that say we are now co personal representatives, 1) is there a difference with this wording and 2) can he petition to get my sister and me off of the co-executorship? I live in NC, my Dad died and lived in Florida.


Asked on 7/19/10, 10:14 pm

1 Answer from Attorneys

First, this will be in Florida, not North Carolina. You need to discuss this issue with a Florida probate attorney. Second, I do not see how your brother can draw up papers. Your father makes a will and names his executors, not your brother. The only possible way for your brother to do this is to get the named executor to renounce or agree to allow your brother to serve.

You and your sister should have a probate attorney for your father's estate. If you have one, direct these questions to him or her and find out what is going on. If not, then get one immediately.

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Answered on 7/20/10, 11:35 am


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