Legal Question in Wills and Trusts in North Carolina

The executor of my fathers will is refusing to speak with me. How do I have him removed for misconduct?

Asked on 8/14/11, 11:28 am

1 Answer from Attorneys

What misconduct? Just refusing to speak with you is not, without more, evidence of misconduct.

What I would do is contact the probate court in the county/state where your father lived at the time of his death. If there is an executor, then an estate was probated and there should be a copy of the will. See if you are among the beneficiaries if there is a will. If there is no will, then the person in charge will be the administrator and you should definitely be among the beneficiaries. Also, I don't know when the estate was probated, but there might also be an inventory or other relevant documents.

Make a copy of these documents and see a probate attorney in the county/state where your father lived. Depending on what is or is not there, the attorney will be better able to review the file and ascertain your rights. He or she may also be able to contact your uncle and obtain information for you. If your uncle is not doing his job, then he can be removed and you will need the attorney to file a petition to remove your uncle.

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Answered on 8/15/11, 12:56 pm

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