Found an issue on this page? Let us know and we will look into it as soon as possible.
My Uncle has hired an attoney because we did not make him executor of my grandmothers will and they have asked for him to do adm
Anonymous3 views2 answers
my grandmother passed away and left my mother as executor of her will she passed away which my Uncle states we now own her half of everything real estate and her tangable assets. We did not make him executor of the will because of some thing he did that we felt where not right according to what we knew he has taken all her assets and personal items from her house which i had in storage here in indian trail his attoney has pettioned the court to make him adminstrtor of the will what will that mean. I live in her house how will that effect me.
Your uncle is a fiduciary and must act in the interests of the benficiaries. RE the house - it depends on what the will says. If the house is to be sold, you will be asked to leave. If the house was devised to your mother it will go to you and your siblings - and it most likely will be sold with the proceeds being distributed to you and your siblings. When he files an inventory of estate assets and certain items are not listed - you can object.
Justin Richard Ervin IIIProbate AttorneyGreensboro, NC ·
You should get a copy of the Will and read it for yourself. If your grandmother named an alternate executor after your mother, then that person is entitled to serve instead of your uncle UNLESS that person is somehow disqualified (previously renounced, convicted felon, incapacitated, not named in a later Will) or your uncle can prove that the Will is invalid. If the Will is silent and your grandmother's spouse predeceased her and your uncle is your grandmother's only surviving child, then it would appear that he is entitled to serve as Executor.
You should read the Will to see what is to happen to the house and your grandmother's other property, too. My colleague is correct that the Executor (whomever that might be) has a duty to administer the Estate according to law and act in the best interests of the Estate's creditors and beneficiaries (in that order) and can't simply act willy-nilly and dispose of property as he wants.
If the Will has been filed, then you can obtain a copy from the Estates Division of the Clerk of Superior Court in the county where your grandmother lived; there will likely be a nominal charge for this. If you have any doubts about what the Will says, how to obtain a copy of the Will, or how you might protect yourself, then you should consult an attorney. There's a lot going on here and there could be many other issues that pop up. You appear to have a lot at stake, too!
Good luck!