Legal Question in Wills and Trusts in North Carolina

How do I contest the decision of the trustees?

My step mother and adopted step brother were left trustees of my fathers will. Due to a personal vendetta agianst me they decided my share of the trust would be 1.00. I feel I should have been given the same amount as my sister especially seeing as we were his only biological kids. How can I contest this? The trust is in NC and I live in OR.


Asked on 3/10/07, 4:41 pm

1 Answer from Attorneys

Andrew Svitek Svitek Law Group, LLC

Re: How do I contest the decision of the trustees?

If there was a will, then your stepbrother/stepmother as "executors" o or "personal representatives" are obligated to follow the text of the document. If you are not written into there is an outside chance you may be able to receive your intestate share on the basis of being an "omitted heir "depending on whether you were born after the date of the execution of the will.

If there was no will or the will is invalid by operation of law, then you should receive your intestate share.

However, it may be that your father left everything to your stepmother and she decided to share whatever she received with her son.

If you want to pursue this work through an attorney in North Carolina to obtain the will and figure out what it says. You may want to do this quickly while the estate is open.

Executors are bound by the terms of the will and are supervised by the probate court.

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Answered on 3/13/07, 1:09 am


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