Legal Question in Wills and Trusts in North Carolina

Does the executor of your parents estate have power over the heir, My son is the executor and I am the heir.


Asked on 5/28/12, 2:43 pm

1 Answer from Attorneys

I don't know what you mean by your question. It makes no sense. The executor has the power to administer the estate in accord with state law and the will. If the heir is a minor (under 18 or is otherwise unable to handle his or her affairs), the will may appoint a trustee to look after money or other assets for the beneficiary. The will can also appoint a guardian if the beneficiary is under 18 and has no living parents.

In your case, your son is the executor so you would not need a guardian as you over obviously over 18. However, if there is some kind of testaemntary trust set up by your parents, the trustee, whoever that is, would have power to administer the trust. In such case, the trustee has power to dole out the money as per the will but would not otherwise have power over you.

Without review of the documents, I am unable to further answer your quetion. Either re-post with more facts or pay a probate attorney to review the will or any other relevant documents and advise you of your rights and responsibilities.

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Answered on 5/28/12, 7:22 pm


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