Legal Question in Wills and Trusts in North Carolina

You need to see an attorney. If you are one of the beneficiaries and you dispute the terms of the will, then you need to file a will caveat. If you are ok with the will but object to the distribution, then you may still need an attorney.

The problem is with the language "share and share alike." This sounds simple and if you are talking about divvying up a pile of money, in most cases its easy as you divide money by number of heirs and each person gets an equal share. The problem is with anything other than money, especially personal property items. Usually, these are items which may hold no real monetary value but have sentimental value, like family photos or a collection of some kind, and there is usually one or a finite number of items that cannot be fairly divided. And that is where the real problems come in.

A probate attorney who practices in the county where the estate is pending will have to review the will to see what it says about the distribution of property in order to advise you.

If you are the executor, you still should have an estate attorney. If everything required has been done, its time to distribute the estate. Proposed distribution is set forth on an accounting and a final hearing has to be in front of the clerk. If distribution of an item has been made, then the executor has to get a receipt from the beneficiary. If distribution is proposed only the beneficiary has to be given notice and can file written objections to the distribution. In an effort to keep the peace, the executor is free to enter into a family settlement agreement if things can be worked out and to avoid any further litigation. However, unless the will says otherwise, the executor usually has the final say so about who gets what. So as long as an executor complies with the will, a beneficiary really has no room to object to you deciding who gets what as long as everyone has an equal share.

� 28A‑22‑8. Executor or trustee; discretion over distributions.

Unless otherwise restricted by the terms of the will or trust, an executor or trustee shall have absolute discretion to make distributions in cash or in specific property, real or personal, or an undivided interest therein or partly in cash or partly in such property, and to do so without regard to the income tax basis for federal tax purposes of specific property allocated to any beneficiary.