Legal Question in Wills and Trusts in North Carolina
My father passed away and I've been issued letters to be the Administrator of his estate. Family members (uncle, aunt) are asking for one of the Letters for "their records". Is this common? Can they use that against the estate? Would making a copy and writing "Not an original" or something of the sort, fix the issue? They would have a copy for "their records" but not be able to use it for anything else--I hope?? I appreciate any and all insight you could share!!
1 Answer from Attorneys
Why do you have to provide this? And why do they need it for their "records?" I don't see what they could do with it unless they fraudulently altered it as the order would appoint you.
But something about this smells. If the relatives want a copy they are free to inspect the court file all on their own. That is BS that they need it for their records and your aunt and uncle would not be beneficiaries of your father's estate unless they were named in a will. However, since you are the administrator, I am guessing that there is no will. In such case your uncle and aunt are out of the picture as your father's assets would pass to your father's spouse, if any, and you and your siblings, if any. So why would your aunt and uncle need this?
You are the administrator - start doing your duties. I hope that you hire or at least consult with a probate attorney who practices in the county/state where the estate for your father will be administered.
I would not release any information to your aunt and uncle and I certainly would not provide them with a copy of any application for the grant of letters or order granting letters of administration to you.