North Carolina  |  Wills and Trusts

Legal Question

Asked on: 1/19/99, 7:10 pm

The Ricky Ray Law

i need legal advice on what steps to take; my father died from contacting aids through a blood transfusion, he had no spouse. my sister filed a petition; we all know that the bill states that all surviving children equally share the money. she did recieve a check it was written out to her and heirs. there are five siblings. she has giving a few of us small amounts here and there some she has not giving anything. she states that most of the money went to attorney fees and taxes; i have a copy of the bill; so i know that is not true. she is spending the money foolishly; myself and my siblings are hurt by this; since he was our father to. what steps can i take to ensure that all the siblings get there equal share; what can i do before she spends all the money. you help would be greatly appreciated

2 Answers


Answered on: 12/20/99, 3:13 pm by Kevin Byrnes

Re: The Ricky Ray Law

The first thing you need to do is have the personal representative removed ASAP. This is done by filing a Petition with the Court setting out the grounds for removal and requesting same. At the same time, the Petition should ask the Court to freeze all assets held by the personal representative as fiduciary for the estate and or its beneficiaries. The sooner you act the better as there is probably no bond in this situation. As long as you can show uneven distribution without adequate reason for same, I believe you've got a slam dunk to remove the PR. At that point, the Court will appoint a replacement, usually an attorney in this County. In the event an attorney is appointed, you should request the Court award all fees assessed against the estate, be assessed against the removed brother. Call if you need help. I've handled a substantial number of same and similar cases.


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Kevin P. Byrnes, Attorney at Law 1031 S. Caldwell St., Suite 105 Charlotte, NC 28203-3517

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Answered on: 1/28/99, 9:49 pm by Stuart Williams

Re: The Ricky Ray Law

I had a similar issue for a client of mine. Call

me to discuss it.

Stuart Williams

Law Offices of Stuart J. Williams

21 Walter St.

Newton, MA

02159

StuWilliams@usa.net

Stuart Williams

Law Offices of Stuart J. Williams

21 Walter St.



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