Legal Question in Wills and Trusts in North Carolina
What exactly am I inheriting?
My mother passed away in January of 2005 and her estate is still not settled. My question is: is it normal for the attorney, who is the personal representative of her estate, to not have informed me in all this time just exactly what he has found in the way of Bank accounts, CD's Bonds etc? My questions rarely are answered and being in a different state it has become very frustrating. The will states that my sister and I split everything 50/50 and I can't understand what is taking so long..but to not even have any idea what I will have coming when it is settled is very frustrating. I would just like to know if it is normal to not have any idea, especially when my mother has been gone for 16 months.
Thank you for your time..
P. Spezzano
2 Answers from Attorneys
Re: What exactly am I inheriting?
It sounds like the attorney is not being straightforward with you. You should consult with a local attorney who can review all the documents and go to the court and see what has been filed.
Re: What exactly am I inheriting?
It depends on how complicated the estate is as far as the time it takes. The attorney is both the attorney and the executor? You may want to call down to the Clerk of Court of that County and try to get more information. The file is also public record so you can see what has been filed already. After 90 days, a 90 day inventory should have been filed which lists all the assets. And after one year, if the estate is still open, an annual account should have been filed. It may be possible for you to seek the removal of the executor if he is not doing his job.
I would really encourage doing some more investigation - maybe take a day off, come to the Clerk's office and read the file.
- Jeff
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
