Posts made in August, 2015

What happens if a will is Not filed in NC?

Posted on Aug 31, 2015 in Contesting a Will, NC Estate Litigation Attorney

FAQ: What happens if someone refuses to file a will in NC? Answer: If the executor fails to probate the will within 60 days of the date of death of the testator (decedent/dead person), than any beneficiary or interested person in the estate may apply to be executor by giving 10 days notice to the executor. NCGS 28A-2A-2. § 28A-2A-2. Executor failing, beneficiary may apply. If no executor applies to have the will proved within 60 days after the death of the testator, any devisee named in the will, or any other person interested in the estate, may make such application, upon 10 days’...

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Estate Challenge- failure to distribute (in NC)

Posted on Aug 31, 2015 in NC Estate Litigation Attorney

FAQ: What happens when an Executor to carry out his or her duties according to the Will? Answer: The Executor can be removed by the Clerk of Court upon motion of a party if the Executor fails to carry out his or her duties according to the Will. FAQ: What if the Executor of the Estate fails to 1) pay bills of the estate, 2) file accountings with the clerk, or 3) distribute assets to the beneficiaries? Answer: You as a beneficiary can file a motion to remove the executor/administrator from that position and have the Clerk appoint a substitute fiduciary. The basic rules in Chapter 28A require...

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How do I Contest a Will in NC?

Posted on Aug 11, 2015 in challenging a last will and testament

FAQ: How do I contest a bad will in NC? Answer: Will Contests a/k/a Will Caveats are a mysterious kind of case in the civil litigation realm. They are unique. Lawsuits challenging a wills validity are an in rem proceeding. This means it’s a lawsuit describing the power a court may exercise over property. Colloquilly will contests are called breaking a will Typically, these are emotionally charged cases, much like a domestic case. Most times family members are pitted against each other. For example, siblings vs. siblings. Children vs. stepparent, cousins vs. cousins, etc. The procedure to...

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