Legal Question in Wills and Trusts in North Carolina

Hello

Before I ask my question, here is a little background on what has taken place. My grandfather passed away on 1/6/16 @ 2:30am. Hours after his passing his son from previous marriage went to his home and removed lots of personal items of my grandfathers. Keith (his son) of course is the executor of his will. At the grave side service Keith pulled the will out and told the family that my grandfather had it so the will could not be read for thirty days. We have learned that is not true and something Keith made up. Today is day 30 for the will to be given to the court and has not been as of yet. With this being said, what process do I need to take to enforce the executor to file my grandfathers will now that it has not been done by the 30 days? Thank you very much for your time and knowledge about this matter.

Thank You,

Brian Sloan


Asked on 2/05/16, 8:31 am

1 Answer from Attorneys
Rachel Hunter

First, reading the will is only in the movies. That typically does not occur in real life. Second, there is no 30 day period. However, whoever is named as the personal representative has to get the death certificates before he can probate an estate. It is a crime to conceal a will (assuming this is in NC). If the executor has not probated an estate (contact the probate clerk in the county where the estate would be filed to make sure an estate is not open) then you can file a petition to compel the executor named in ther will to come forward.

This is already shaping up to be ugly. I suggest that you contact a probate attorney who practices in the county where the estate would be administered. Have the attorney file the petition to compel Keith to produce the will. If Keith does not want to serve as executor, he can renounce. If he will do neither, then anyone can apply to be administrator of the estate with the will annexed and it will be up to the clerk to decide if there are multiple claimants.

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Answered on 2/07/16, 11:05 pm


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