Legal Question in Wills and Trusts in North Carolina

My ex-con brother & I will share ownership of our parents' modest home, where he now lives, after I (executrix) file to close probate of their estate. What rights/authority/responsibilities do I have re. his irresponsible handling of (more than) his share of their SC estate? I live in next state.


Asked on 4/21/14, 3:17 pm

1 Answer from Attorneys

Where is the estate being probated? If SC then you need to speak to an SC probate attorney.

To the extent the estate is in NC, I do not understand your question. You are the executrix. Your is to figure out what is owed by your deceased parent, what is owned, to pay just debts and to give what is left to the beneficiaries - you, your brother and any other siblings.

I assume that one of your parents is already deceased and that the other has now died and that you are the executrix of that estate such that you, your brother and any other siblings are the sole beneficiaries. So what property is passed on after the debts have been paid? What does the will say about who gets what?

The reason I don't understand your question is that it makes no sense as phrased. Your duties are at an end as executrix once the estate accounting is confirmed by the court or clerk and you are discharged. Once the heirs get their share that is it. If your brother wants to spend it that is his right and you owe him no duties barring any other documents.

Is your brother's share to remain in trust? If so, who is the trustee? You? What does the trust say?

If your brother is as irresponsible as you claim then your deceased parent either could have disinherited him or left his share in trust for you to manage and disburse as per the trust terms. If your parent chose to give your brother his share outright then I don't see that you have any responsibility over the money/property in his share once the estate is closed.

If your parents owned a home which passed to you, your brother and any other siblings equally, those who want the home should buy out the shares of those who don't. Again, restrictions cannot be placed over the money by you.

Since he lives in the home, does the will give the property solely to him? Or to you both? If your brother wants to stay and cannot afford to buy you out, then you can buy out his share if he is willing to sell it. If not, he and you can come to some agreement on rent and taxes, insurance but if he is not responsible, then I can see him not paying rent or his share of the taxes. In such case, your only remedy might be to seek partition of the property. In that case, you would consult a real estate attorney who practices in the county/state where the land is located.

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Answered on 4/21/14, 9:09 pm


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