Legal Question in Wills and Trusts in North Carolina

distribution of estate without a will

I was told that my fathers estate would be divided equally amonst the 5 children since he had no will. my sister was named executor being the closest to the estate location. she has sold the house to herself at a reduced (less than tax value) which is what the children agreed to sell it to her for and used money from the sale of the property to pay her personal bills, thereby reducing the estate amount that each of the other children get considerably. was this legaland is it to late to do anything since the property has already closed no disbursment has been made to the other children. the house sale closed 30 days ago.

Asked on 7/30/04, 1:05 am

1 Answer from Attorneys

Dan Brady Brady, Nordgren, Klym & Morton, PLLC
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Re: distribution of estate without a will

This sounds like an illegal misappropriation of estate funds and a breach of fiduciary duty as executor or administrator. Is is not too late to request that your sister reimburse the estate for the misappropriation of estate funds. Did your sister post a bond?

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8/03/04, 11:09 am

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