Legal Question in Wills and Trusts in North Carolina

I suggest that you go to the estate division of the county where your mother resided at the time of her death and ask to see the file. Make a copy of important documents such as the inventory and accounting. Then go to a probate lawyer and have them review the will and other important documents.If the will appointed the son of your mother's current husband to be executor, then he is the executor. However, if he is not doing his job, he can be removed.

Other than your personal belief, what evidence do you have that he is improperly using the money? Have you talked with the tenants of the rental property to see where they are paying rent? You might see if they will speak to you. And that is why you need to go review the file at the courthouse. The executor cannot do as you have suggested.

As far as your mother's current husband not receiving anything, do you know if he and your mother had a pre or post nuptial agreement? If not, he would have to claim his rights to an elective share within 6 months of your mother's death. If he did not do so, then he has waived his rights. I do not see where it is your concern, however. That is between he and your mother and if they agreed that her assets would go to her heirs, that is her right.

Regarding closure of an estate, your brother's lack of marriage or children has no bearing on the length of time to probate the estate. It may take about 6-12 months for an average estate, but the time in your case depends on the size and complexity. .You need to review the court file. If approval has not been received by the taxing authorities or if their are reasons for the delay, that will be apparent from review of the estate file. It will also be apparent if the executor is not filing things when he is supposed to as the clerk will order him to do so.

You indicate that you are to receive nothing but your children will inherit. That suggests that their may be a trust or a custodianship under the uniform gift/transfer to minors act. Review the will or have the lawyer review the will to see if that is the case. If so, who is the trustee or custodian? Have you spoken to them? How old are your children and at what age can they receive funds (18? Or older?)