Legal Question in Wills and Trusts in North Carolina

My father willed a car to me worth $10,000. My brother-in-law (the executor of my father's estate) sold the car to his mother for $4000, and gave me nothing. Is that legal?


Asked on 2/13/13, 11:19 am

1 Answer from Attorneys

I don't know. Did your brother-in-law need to sell the car to raise cash to pay other estate debts? Was the car paid for or was it liened?

In NC, the executor has the authority to sell property if he has to in order to compromise claims.

Since you indicate there is an executor, it means there is a will. What I would do is take a copy of the will, preliminary inventory, 90-day inventory and any claims that are filed (assuming this estate for your father is in NC) and pay a probate attorney who practices in the county/state where the estate is pending to review all of the information and opine whether the sale was justified or not. If the sale was improper, it may be necessary to take further action, especially if your brother-in-law is disposing of assets either contrary to the terms of the will or the estate administration statutes. Your brother-in-law, while he may have a great deal of discretion, cannot abuse his authority and distribute the estate as per his whims. However, only an attorney can tell you if the sale of the car was proper or improper after reviewing all the information.

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Answered on 2/13/13, 10:24 pm


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