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 the executor (aka personal representative or administrator) to perform their duties. Below is the Statute.

If you have problems with the executor failing to perform the duties, call NC Will Contest Attorney Kirk Sanders at 336-768-1515.

§ 28-A-132. General duties; relation to persons interested in estate.

A personal representative is a fiduciary who, in addition to the specific duties stated in this Chapter, is under a general duty to settle the estate of the personal representative’s decedent as expeditiously and with as little sacrifice of value as is reasonable under all of the circumstances. A personal representative shall use the authority and powers conferred upon the personal representative by this Chapter, by the terms of the will under which the personal representative is acting, by any order of court in proceedings to which the personal representative is party, and by the rules generally applicable to fiduciaries, for the best interests of all persons interested in the estate, and with due regard for their respective rights. (1973, c. 1329, s. 3; 2011344, s. 4.)

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