Legal Question in Wills and Trusts in North Carolina

My sister has deceased. Her son/my nephew is in dispute with father of insurance, trust and estate. His father is not releasing any information to him because of long last domestic issues prior to her death. The son feel the father is hiding information on all this.

Question: Is their a legal avenue for my nephew to get right to knowledge of all and any possible hesitance, trust or will she left behind?


Asked on 6/13/16, 1:04 pm

1 Answer from Attorneys

Your nephew can check and see if an estate was opened for your sister in the county where she lived prior to her death. If there is an estate file open, then there will be a copy of the will if there is a will. Trusts are not recorded. Most states have trust codes which obligate the trustee to notify beneficiaries of any trust of the existence of the trust. The beneficiaries then can demand to see a copy of the trust and get annual accountings about trust administration/trust property. There is no right to access insurance information unless your nephew is the beneficiary of the policy.

I suggest your nephew hire his own probate attorney who practices in the couinty/state where the sister's estate is or would be pending to request information from the personal representative of the estate.

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Answered on 6/14/16, 10:16 pm


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