Legal Question in Wills and Trusts in North Carolina
Rights of Executors
My grandmother recently passed away. Before she died she verbally express to my father and his brother that she wanted things disturbed differently than her will stated. However, she did not change her will before she passed away. My father's brother says he cannot recall my grandmother expressing a divison of property that deviated from the will. My father is the executor of the will can he divid the property based on my grandmother's verbal wishes or does he have to go by the will? Also, he has taken care of my grandmother for 25 years can he force his brother to pay him for that care?
1 Answer from Attorneys
Re: Rights of Executors
No, your father cannot deviate from the will without the written consent of the other heirs
He can make a " claim for services rendered" HOWEVER, if the other heirs contest the claim as having been given without expectation of payment, the claim would probably be denied by the Clerk.
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