Legal Question in Wills and Trusts in North Carolina

Last will of mother in law 5 heirs monies are ready for disbursement now as stated by attorney (since 2010) attonies were behind, scheduled disbursement is behind 2 months, final inventory filed, okay with clerk of court, just waiting on receipts of this disbursement. Home real estate appeared to be outside of estate, according to lawyer since december, now they say the house had to be sold before they receive the monies ???????


Asked on 6/16/10, 11:43 am

1 Answer from Attorneys

Is there an unexpected claim against the estate that would require the home to be sold? I do not have the inventory and accounting filed by the estate so I do not know what claims are in the estate or the value of other assets. The estate has an attorney, but if the attorney is not doing their job, the personal represetative can always get a new attorney. However, the personal representative should meet with the attorney and see what the problem is and then explain it to the heirs. Could it be that the attorney is not behind but the problem lies with the personal representative in not doing something? If that is the case, the heirs can seek to remove the personal representative. The home is outside of the estate but can be added back into the estate if needed to pay any claims.

You do not indicate, but is the estate in North Carolina? I have assumed that it is. If it is not, I am licensed only in PA and GA. If the law is not in one of those states, then you need to consult an attorney in which the estate is located as each state has different laws.

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Answered on 6/16/10, 2:52 pm


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