Legal Question in Wills and Trusts in North Carolina

I am somewhat confused. You state that the will says that all assets are to be equally divided but then you say that the car goes to your brother? This is why the whole entire will needs to be reviewed by an attorney. There are several interpretations to what you have described and its not possible to figure out which is correct.

Assuming that the will leaves the car to your brother, any other division of money is not relevant to the car. Most items that are passed to a beneficiary with a lien (like a car) have to have the lien paid by the beneficiary or satisfied in some way unless the will provides that the lien/debt is to be paid from other assets. So if the will is silent about the debt and your brother wants to keep the car, he needs to figure out a way to pay for it.

If your brother does not want the car, he can renounce and the car will pass to whomever is named as alternate beneficiary in the will. If no one is named, then the executor can sell the car and divide the money from the sale as per the residue clause (if that is what you quoted) to all surviving children except your brother (once you renounce, you renounce your entire inheritance) or as per the state intestacy laws if there is no residue clause.

Although $11,000 is owed on the car, what is the car worth? If its worth $11,000 or less, the executor should call the finance company and have the car repossessed if nobody wants the car and the debt that goes with it. But it may depend on what other assets are in the estate as any deficiency would be a claim against the estate and if the car is repossessed it will not bring in nearly as much as it is worth so a private sale would be preferable.