Legal Question in Wills and Trusts in North Carolina

Re: Estate / Real Estate

Assuming that this mother died intestate (no will),and that the lawyer was appointed by the court as administrator of her estate, the agreement that was worked out among the heirs should have been memoralized by now in the form of a written agreement along with an affidavit of heirship executed by the siblings who were to receive the houses and recorded with the land records section of the local circuit court. This action would give legal title to the brother and sister who were designated to receive the houses and make each owners of record of the separate properties, and, yes, your sister would then have a legal right to have the squatter brother evicted.

The relevant statute governing the probate of estates requires that such matters should be completed in about 14 months, with all of the assets collected up,an inventory of property'assets filed, the bills payable by the estate, paid, required distributions made to heirs, and a final accounting filed with the local commissioner of accounts, closing out the estate.

What seems to be holding things up? Does the lawyer even know what he or she is doing? From what you have recounted of matters thus far, that would not appear necessarily to be the case.