Legal Question in Wills and Trusts in North Carolina

need help regarding my share of mothers estate

My mother passed away April 4,2005. I am a beneficiary of her estate in the will. My brother has decided he will dispurse funds at his discretion when, how, and where he feels like! (EGO) My mother was a legal resident of New York State at the time of her death. My brother took everything to NC and filed there so no one could deal with him without immense expense. He even went so far as to have her rewrite her will several months before her death making him executor. He also failed to list all assets filing. Now, he refuses to send me what's legally mine. I was informed by Cheryl Perkins, Wake County Court Clerk that my brother was served with a 30 day order to distribute funds to which he has not complied and more than likely will not. I was wondering if NYS attorney general could get involved on a criminal basis or if I could have the FBI (due to interstate) get involved and charge him criminally with grand larceny as I believe he distributed to himself and two other sisters. I also have an e-mail he sent me last year which clearly threatens my life ''having me taken out''!

I'm tired of his ego and want to get this matter behind me without spending my entire inheritence on legal fees. He also refuses to give me an accounting.


Asked on 6/02/06, 2:50 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: need help regarding my share of mothers estate

You can retain a NC attorney and seek to compel a full and complete accounting of all assets both in his possession and which are or were under his control, including any time prior to your mother's death (for example, if he was designated as Power of Attorney under any of her assets). As a beneficiary under the Will you are entitled to this accounting from the time he became the Executor. I am suggesting that if he ever acted under a POA, before your mother's death, that an accounting also be requested of his activities for all actions taken under the POA.

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Answered on 6/02/06, 4:54 pm


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