Legal Question in Wills and Trusts in North Carolina

10 months ago, my domestic partner died very suddenly. Her will listed her sister as executor, and I filed a claim for expenses incurred and a share of her assets. 5 months ago, the sister left the US to return to her home in Guatamala. She has not replied to any of my attempts at contact and there is no one in the US to contact. At least one of the houses in the estate is being rented out. How long would I have to wait before claiming executor abandonment?

Asked on 5/14/13, 10:31 am

2 Answers from Attorneys

Kenneth Love Ken Love Law

You need to speak to an estates attorney immediately. Unless you were married or were named in the will, you may not have any rights to any property.

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Answered on 5/14/13, 5:21 pm

Oh no ... I am familiar with your domestic partner and the whole situation. I have been representing one of the other claimants in the estate.

I agree with Attorney Love - you will need to hire a probate attorney as you also filed a claim against the estate for malpractice. An administrator needs appointed here.

Query - if there are asset (real estate) and it is being rented. who is collecting the rent if the executrix has fled the country?

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Answered on 5/14/13, 9:34 pm

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