Legal Question in Wills and Trusts in North Carolina

Last Will and Testament

My sister is executrix and under the Art V of my father's will, it says she has continuing, absolute, and discretionary power to deal with any property, real or personal to use her sole and uncontrolled discretion to allot, assign, collect, contract, deal with, dispose etc my father's affairs. Three children to share in equal value and share alike. She has given to my brother, my father's mini van and excused a large loan my brother owed my father ($48,000) and excused her own loan ($22,000)owed my father which neither of them ever paid a dime on. She lives in the state and that is why she is executrix of the affairs, not because she was the most responsible. My husband and I have borrowed in the past from my father, and always paid our loans in full and have the docum to prove this. My siblings have always taken not given to my father.

Do I have any leg to stand on when it comes to items like a valuable car and these loans? I made copies of the loan papers which she is not aware of while I was Durable Power prior to my father's death. I am not trying to be a witch about all this but my siblings never took charge of their promises in the past and once again, my father even in death is getting screwed. He hoped they'd change.

Asked on 1/08/07, 9:46 am

1 Answer from Attorneys

Jeff Rosner Rosner Law Firm P.A.

Re: Last Will and Testament

You probably do have some recourse. THis is the type of situation where you will need to consult an attorney in the county where the will is being probated.

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Answered on 1/08/07, 11:46 am

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