Posts Tagged "Executor failing perform duties"

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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