Legal Question in Wills and Trusts in North Carolina

My dad died in a car crash so my grandpa is the executor of his estate. He is having an auction and selling everything of his do I have a right as a minor to say he can't have an auction of his things because its not in my best intrest?

Asked on 8/31/13, 1:19 pm

1 Answer from Attorneys

You have no rights as a minor really. If something is not being handled correctly, your mother or legal guardian would have to object to the proposed distribution of estate property.

However, I am still trying to wrap my head around why a sale would not be in your best interest.

First, did your father have a will? If so, are you a beneficiary under the will? If there is no will, did your father have a wife that survived him? What assets did your father own solely? What bills or debts did his estate have?

Bills of the estate have to be paid before the heirs or beneficiaries get anything except the allowance for the minor children of $5,000 per child (if there are sufficient assets in the estate).

Depending on what assets are in the estate there may be a need to raise cash to pay for the allowance and to pay any bills. After the debts and allowances are paid, anything left in the estate will go the heirs or beneficiaries. So how would a sale not be in your best interests?

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Answered on 9/03/13, 1:09 am

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