Duties of an Executor
One of the important decisions involved in preparing a will is choosing an executor. The executor, called a personal representative in some states, is in charge of the administration of the estate and has many duties and responsibilities. Some of the more important tasks include:
- Locate the latest will.
- File a petition with the court to probate the will.
- Gather and take control of all of the decedent’s assets.
- Take possession of safe deposit box contents.
- Consult with banks in the area to find all accounts of the deceased. Also check for cash and other valuables hidden around the home.
- Transfer all securities to his or her name (as executor) and continue to collect dividends and interest on behalf of the beneficiaries of the estate.
- Find, inventory and protect household and personal effects and other personal property.
- Collect all life insurance proceeds payable to the estate.
- Find and inventory all real estate deeds, mortgages, leases and tax information. Provide immediate management for rental properties.
- Arrange ancillary administration for out-of-state real estate.
- Collect monies owed the deceased and check for interests in estates of other deceased persons.
- Find and safeguard business interests, valuables, personal property, important papers, the residence, etc.
- Inventory all assets and arrange for an appraisal if necessary.
- Determine liquidity needs. Assemble bookkeeping records. Review investment portfolio. Sell appropriate assets.
- Pay valid claims against the estate. Reject improper claims and defend the estate, if necessary.
- Pay state and federal taxes due.
- File income tax returns for the decedent and the estate.
- File federal estate tax return and state death and/or inheritance tax return.
- Prepare statement of all receipts and disbursements. Pay attorney’s fees and executor’s commissions.
- Distribute specific bequests and the remainder of the estate; obtain tax releases and receipts as directed by the court. Establish a testamentary trust (or pour over into a living trust), where appropriate.
As you can see, the job of an executor is not an easy one. For larger and more complicated estates, the administration can often last two years or more. It is important to choose your executor wisely, whether you choose a family member, friend, or a bank or trust company. If you are in the position of serving as an executor, seeking appropriate legal, tax and financial counsel can make your job much easier and, in many cases, save money and avoid problems for the estate.
My Father has asked me to be the executor of his estate of which he has debt that may exceed his estates net worth. In that event will I be held finacially responsible for the difference if any? I still plan to accept his request but I would like to go into this with eyes wide open
Answer: Provided you properly follow the probate procedures, you will not be personally responsible for any of his debts.
How do I as administrator for my husband's estate handle payments"to the estate of"?
ANSWER: If you have been appointed administrator by the court, you can open a bank account in the name of the estate and deposit the checks.
Is it required in the state of North Carolina that you name someone as executor if you have a trust set up to protect your estate? The trustees are named, but does an outside party have to act as exector... or is an executor required?
ANSWER: Even if you have all of your assets in a living trust, I always recommend having a "pour-over" will to take care of any unexpected probate assets. In the will, of course, you would name an executor. The executor can be the same person as the trustee.
Does the executor have the final say in all matters?
ANSWER: An executor has a lot of power and discretion, but must follow the law and the terms of the will.
At what point can any beneficiary force an executor to do anything? What paperwork is needed? (NC, Rowan County)
Can my sister, the executor, sit on hundreds of thousands of dollars in stocks until she gets good and ready to give up her feeling of power?
(She's already lost several irreplaceable items since our Mom's death 3 weeks ago. She's had several people going to Greyhound bus stations in several cities trying to find the suitcase she was attempting to send to me for some inane reason.)
ANSWER: I recommend that you consult an attorney to review your options. Executors can be removed by the court if they breach their duties.
My neice, the executor of my sister-in-law's uncomplicated estate, is not closing the estate in a timely manner (almost 3 1/2 years). This is particularly vexing because I am a trustee for her brother's half of the estate. Her lack of ambition in this matter prevents me from making prudent financial decisions on his behalf. Taxes have been paid, the inventory has been filed, and all other requirements of probate have been satisfied. Despite my many requests to take the final step, she continues to procrastinate. What are my options?
RESPONSE: Consult an estate attorney. It may be possible to have her niece removed as executor due to her failure to close the estate in a timely manner.
My parents, residents of NC, passed away two and a half years ago. I was my father's power of attorney and my mother's guardian. I gave up my co-executorship to my brother. He said it would make things easier because my folks, my brother and I all reside in different states. My brother has ignored my repeated requests for an accounting of the estate. Is the executor required to give the heirs an accounting?
RESPONSE: The executor is required to file annual accounts with the Clerk of Court in the county in which the estate file was opened. If you check with the Clerk and satisfactory accounting are not in the file, I suggest that you contact an attorney here in North Carolina to provide assistance.
Does an executor get to "pay thmsleves" for their work as same?
RESPONSE: Executors are allowed compensation, but it generally must be approved by the court.
My sisters second husband died about six years ago. Her husband added a codicle to his will that she be allowed to remain there as long as she lives or until she remarries.
Her husbands nephew is executor of the estate. I'm not sure what his rights are concerning the property my sister lives on. Her husbands sister-in-law lives beside her and the nephew across the road.
They keep harrasing her in subtle ways such as intentionally throwing apples into her yard when they cut their grass. The nephew is selling some trees on an adjoining property and made a mess going through the edge of her yard. A niece of her husband lives on the other side of her and wants to put a fence up partially on her property.
What rights do my sister have as far as keeping them from doing things to harass her. Are they tresspassing if they come there without her permission? My sister thinks that because the nephew is executor that gives him owners rights to the property. Is that true?
RESPONSE: Your sister needs to contact an attorney to be fully advised of her rights in this matter.
As an out-of-state executor of my mother's estate in North Carolina, am I required to have a NC attorney to probate the estate.
RESPONSE: You are not required to have an NC attorney assist you, but you must have an NC resident serve as "Resident Agent."
What is the time frame before a beneficary can receive a disbursement from the estate? All the medical bills have been paid and we are just waiting to sale the home and some real estate.
RESPONSE: It varies by state, and depends on the circumstances of the estate. For specific advice, you should consult an attorney in your locality.
Are beneficiaries entitled to copies of all tax returns filed on behalf of the estate?
We have concerns that not all income of the estate has been reported on the annual probate report, as the estate has been opened since July of 2005 and was not closed at the end of 2008. Per Probate records, we are not sure that any Fiduciary returns have been filed. (The estate has sizeable dividends, interest, and rental income.)
RESPONSE: I think it is reasonable for estate beneficiaries to be able to get copies the estate income tax returns. If the executor refuses to provide them, you should contact an attorney to assist you in obtaining them.
How much is the normal pay for an executor of an estate in North Carolina, if not stated in the will?
RESPONSE: Up to 5% of the receipts (personal property - generally not real estate) and disbursements (payments of debts and expenses (other than attorney and accountant fees). The amount has to be approved by the court in advance.
My father is excutor of his mother's estate. Will reads that all real & personal property be sold and divded between 7 heirs. Can my father turn the house over to a realtor without consent of the 6 other heirs?
RESPONSE: Yes, if the will directs that the executor sell the house.
My uncle passed in late 2007 and by chance a letter arrived at his house in march from Smith Barney.
It was an investment account statement that showed it was cashed in sometime in 2008.
His house is currently on the market and there is little personal property to speak of,the executor who is also a relative has not distrubuted thise proceeds to the heirs.
Should this have been done by this time?
Short of getting a lawyer how could I convince them to get moving?
RESPONSE: I'm afraid there is not much you can do short of hiring a lawyer to investigate the status of the estate and filing a petition to remove the executor if necessary.
In NC if there are three equal co-executors do you need all three to agree to make a decision? Can one of executor make a binding decision? If two of the three agree will that be binding? I am trying to extend a lease agreement with 3 co-executors of an estate.
RESPONSE: Generally co-executors must all agree to a decision and all sign any documents signed for the estate. It is possible that a lease signed by only 2 of 3 co-executors would not be enforceable on your part.
My father's estate is in probate in NC. I am Executrix residing outside of NC. Can I leave the law firm now and assign my brother who is a NC resident to be "resident agent"? Lawyer charged me 6,500.00 and I did all the work. He just took my figures, plugged them in and walked across the street to file. Also Clerk of Court is forcing me to close in 20 days. She went on vacation and I have no Letters of Testamentary. plus to comply with that time period, I would have to sell all the remaining stocks instead of disbursing them to the four children and selling an other to raise cash for estate checking account. I am almost finished, but Clerk is basically not nice, and there is no reason for the hostility. She thinks I should have already been done. I would have given the problems to the Law Office, but he was such a rip off, he would charge me probably 30 percent of the assets remaining. He sends me letterhead stationery that has one sentence contained in the body. ("Here are your Letters of Testamentary.") Now the Law Office's secretary tells me that the Clerk of Court will not allow notary fees and will take fees out of my distribution, although the last eighty percent of notary fees were previously approved. I have distributed 840,000. in stocks, sold the house (held up a month to close on house because my lawyer was slow in filing annual account and other lawyer had to have that filed first before closing which cost the estate another month of utilities, insurance, and taxes), dealt with the inventory, had the taxes done, paid the bills, etc. Gave the lawyer the list of assets with date of death price per share and established estate checking account. What is remaining are the problems: lost certificates, stock split in the meanwhile, GM lost certificate and bankrupt. Some stocks required purchased plans shares and book shares and shares you hold, a multitude of different paperwork, which Clerk of Court doesn't understand nor the Law office's secretary. Further, a change in brokerage houses, and lastly one foreign stock (Delhaize). Clerk of Court ordered that May stock statements accompamy the annual account. There are no May statements because there is no activity since Nov. when I changed into Estate name and stopped divident reinvest. No. of stocks: 6 (Just waiting for market to rebound before selling certain stocks and distributing others: cash in checking account is becoming very important for the end of fees,taxes,lawyer,etc.) Clerk also wants GM as of May 31, 2009 (value) when they declared bankruptcy on June 1st. Cant' call it up on computer because its off the NYSE. Told them zero value. ( It's 100 shares and it was a lost certificate.) Law office never informed me of percent of estate that I may have been entitled to and when I should file for it. Therefore, since I personally paid a little over 5,000. to the state of NC for taxes in 2008 on the estate's behalf, can I submit this expense for reimbursement over a year later? The funds will be in the checking account. I am afraid Clerk will say "it's too late to submit" I could go on and on. If Clerk forces me to sell, what a loss for us and a tax burden to the Estate. Now tell me again why in twenty days???
RESPONSE: It sounds like you need a top-notch estate attorney to assist you in resolving everything. I recommend using only a board-certified specialist.
my mother passed away in 2002, I came across some stock information and found she had some shares of that stock that were not processed in her estate. What would I do as the executor to get these shares processed if the estate account has been closed?
RESPONSE: If the estate proceeding has been closed, you will need to reopen the estate. It is a fairly simple process that you can do by going to the Clerk's office, or you can hire an attorney to assist you.
My father died without a valid will.
I allowed my sister to act as administrator. There has been quite a lot of amimosity between my sister, two brothers and me. I have only been allowed in the house once since the death in Feb. Is the filing of the inventory in nc public accessible? When would she have to put in the notice in the paper? I also think she is moving one of my brothers into the house under the pretence of doing repairs.
How to I check to make sure she is not using the estate money improperly. Intestate laws in NC require that we all split inheritance 4 ways. Will I get a copy of the disbursements made as expenses etc. Alot of questions I know, but thanks for your help
RESPONSE: I recommend that you consult with an attorney to have your questions answered and ensure that your rights as a beneficiary are protected. Documents filed in the estate, such as the Inventory and Accountings, are public record and can be obtained from the court.
I'm the Administratrix CTA of my grandmother's estate. Administering the estate is personally costing me thousands of dollars, time away from work (I do not live in the city where my grandmother resided), as well as causing emotional and physical issues. How do I renounce my position as the executor of her estate?
RESPONSE: You cannot renounce at this point, but you can resign if you can get someone else to take over for me. You will have to file a final account for the court to approve, as well as have the court appoint the new Administrator. I suggest that you consult with an attorney.
As the named executor of my Mom's will, can I contest the will and remain executor? I'm afraid my sibling who has not aided in any caregiving role, and siphoned funds from my folks for years will be awarded a share of the estate he does not deserve. Currently I am acting as primary caregiver. Can I charge the estate for lost income while acting in this capacity?
RESPONSE: You will first need to speak to an attorney about the legal grounds for contesting a will. From what you have said here, it does not seem that you would have a valid case. You cannot charge the estate for your time or lost wages unless there is a valid contract for your services or other written agreement. I suggest that you consult with an attorney regarding this issue as well.
Can an executor decide to sell personal possessions without consulting with the beneficiaries to see if they want to keep the possessions? (The will does not direct the executor to sell anything.) Also, can a beneficiary choose to temporarily live at the decedent's house if the other beneficiaries don't want them to? Or does the executor have complete authority on these matters?
RESPONSE: Generally the executor has no authority to sell the personal possessions if not directed in the will or it's not necessary to generate funds to pay creditors. Unless the will states otherwise, a beneficiary of residential real estate can legally occupy the real estate even if the other owners object.
If a property in a trust goes on sale, can the executor decide on the realtor even without the consent of the other beneficiaries?
RESPONSE: If the property is in a trust, it's the trustee who has the power to sell, not the executor. Generally a trustee does not have to get the consent of the beneficiaries to sell property in the trust.
My Grandfather passed 6 weeks ago. In his will he named his sister executor. Beneficiaries are daughter(50%), daughter(25%), stepdaughter(25%)of estate. Excecutor changed locks on house 2 hours after death while benenficiaries were present & stated that they were not allowed on property & would have "the lawed called on them for tresspassing". 8 witnesses to account for cash found in the home at time of death excecutor only recorded $2,000 on invetory list. None of benificiaries were given keys to home. Excecutor has sold items from home to third parties and taken items for herself without consent from benificiaries. Executor has stated that home be sold as is. Will does not state that home will be sold. Can beneficiaries seek help from clerk of courts for advice and removal of excecutor?
RESPONSE: What the beneficiaries need to do is hire a qualified attorney to assist them with attempting to remove the executor.
Is there a specific amount of time that an executor has to file paper work to take care of the deceased affairs? If so and they do not how does another go about assuming that role?
RESPONSE: An executor should qualify before the court as soon as possible after the death certificate is received, ideally within a week or two. The Clerk of Court in the county in which the decedent resided can provide some general information about qualifying as executor, but for specific advice, one should consult a probate attorney.
iI am the executor for my sister's estate. The only asset she has is property which I am in the process of selling. Some unknown debts have come to light. Do I pay these? There is no cash available until the property is sold.
RESPONSE: Do not pay the debts with your own funds. After the property is sold you can pay debts according to the statutory priority. Please consult a lawyer for specific advice.
My father in law chose to stay at home until death and the two daughters were his Durable POA and Healthcare POA. The 24/7 nursing took upwards to five grand a week. The two brothers became disgruntled and would not allow the children to be executors as stated in will. A public administrator was chosen and although he was advised at initial meeting with POA that the checking and stock were payable upon death he neglected to give those assets to decendents for five months which caused the estate to lose twenty thousand in stock. The deceased man collected rare and old civil war and history books to the tune of over thirty thousand for over fifty years. They were his largest asset. The administrator did not have them cataloged nor inventoried and sold the entire collection to the brothers for ten thousand dollars. I myself have researched the books with my deceased father in law and we estimated the collection to be in the hundreds of thousands of dollars in value. My question is, do my wife and sister have to allow this misjustice just because the Public administrator chose to do what he wanted and by not having a inventory performed he justified his actions with a remark that he was not in the rare book appraisal business. He has taken the entire year to settle estate. This has been appalling to sit here and feel helpless. Charlotte, North Carolina
RESPONSE: You may have an action against the administrator for breach of fiduciary duty. I recommend that you consult an estate planning and probate specialist outside of Mecklenburg County.
My Aunt is the executor of my grandmother's estate who died in 2001. She sold 60 acres to a nephew without any of the 11 beneficiaries knowing this in 2005. She did not get an appraisal but waited on his appraisal and then set the price.She did not give any other beneficiaries or family members a chance to buy the 60 acres. 2 acres are left with the old homeplace on it in the middle of the 60 acres. She is now talking about selling the old homeplace to the same nephew. We heard through this through the grapevine. She said she would wait on his appraisal. Myself being in real estate knows this is not the proper way to handle this sell. Do the beneficiaries have any say over the sell of the property? Should they all agree upon it or at least be told about the sell? All items of the home are still there.Stokes County NC
RESPONSE: There is too much missing information for me to be able to answer your question, but generally an executor cannot sell real property from an estate without consent of the beneficiaries. I recommend that you consult with an attorney to determine what rights, if any, you have in this matter.
I have signed as executor of my uncle's minor estate. In NC, who is responsible for publishing newspaper statements re: the estate? The debts are more than the estate worth, so how do I pay off any creditors? Thank you.
RESPONSE: The executor is responsible for arranging the publication of the notice to creditors. There is a statutory priority for payment of claims against the estate. I recommend that you consult with a probate attorney to ensure that the estate is handled properly and that you do not incur any personal liability for failure to follow NC law regarding payment of creditors.
I am per. rep. for my cousin's very small estate. His house was owned by a friend and him. I am to receive all of his possessions left after named beneficiaries receive theirs. How much time do I have after probate is filed to remove these items from the house and does the friend who now owns the entire house have the right to rent or sell the house before estate is closed?
RESPONSE: There is no specific time frame to remove the items from the house, but I would say it should be done within a month or so of qualifying for executor. Assuming the house was owned as joint tenants with right of survivorship, the current owner can do whatever he wants with the house.
I understand the court sets the executors pay. Lets say all assets involved was worth 2 million, what would the executor be paid if he had to travel two hours, spend the night at a hotel and travel back home four times a month just to manage the propety.
RESPONSE: Normally the executor is allowed a commission based on the value of the probate assets, which generally excludes real estate. I recommend that you consult with an attorney who can advise you about the possible commission based on the particular facts of this situation.
May a convicted felon in Pa (burglary) serve as his mother's executor in N.C,?
RESPONSE: No.
My brother, 29,(unmarried, no children) died 2 weeks ago without a will but with life ins. & 401K beneficiaries (mother & myself). He had just recently purchased a house (3 months ago). He did not have complicated affairs, 1 credit card (3K), 1 student loan (20K), 1 car, 1 mortgage. His house has tons of equity which will settle the mentioned debt in the sale of. I, since his death, have paid his car & mortgage payments from my personal funds and in 30 days from date of domicile plan to file for letters of administration. His inventory list is very small, as he had just moved in and was fairly young.
My plans are to use the home sale as means to pay his debts BUT wanted to know when do I let other creditors (cable, phone, gym membership, etc) know of his death? After I receive the death certificate or after I have been granted administrator of estate? Also, was it okay to have paid on the other 2 debts, it was my funds and certainly should be seen as preserving his estate.
Thank you.
RESPONSE: There is no quick and easy answer to your questions. I recommend that you consult with an attorney regarding how to handle the estate.
The executor of my wifes' parents estate has unitl Monday to finalize their estates. Otherwise, my wife will be named as the replacement. Does Wake county law require the removed executor to transfer all pertinent paperwork to the new one? Thanks.
RESPONSE: Wake County does not have its own probate laws per se, but NC law does require that the former executor provide the new one with all documentation relating to the estate.
I am the executor of my wife's grandmother's estate. The will states that I am to take possession of the home and land, sell them, and divide the proceeds among the 7 heirs. None of the heirs want to purchase the property but I have found a buyer who will buy the property at the appraised price. However, two of the heirs refuse to agree to the sale of the property because it was their "home place." Do I need the signature of the beneficiaries to complete this sale when I am following the instructions in the will?
RESPONSE: No.
When my mom died she had already set up her checking account with me as a joint account. I am executor and it seems like the clerk of court said something about printing out the front and BACK of "what checks" specifically? I have written many checks like to phone company, cable, etc.. Do I copy front and back of "every" check I write on that account or just the ones that pay her bills, etc. (The bank statement has only the fronts copied)
Thank you.
RESPONSE: A joint account is not considered part of the estate, so if you used that account to pay the debts and costs of administration, those expenses should not be listed in the Annual or Final Account. Then no check copies would be required for them.
From executor duties pamphlet, page 4. # 4 Notice to creditors. In this section the end of the paragraph reads "Following publication,
a copy of the notice, an affidavit from the newspaper attesting to publica-
tion, and as applicable, an affidavit from the personal representative attest-
ing that he or she has mailed or personally delivered the notice, must be
filed with the clerk of superior court. [G.S. 28A-14-1, G.S. 28A-14-2].
Does this mean i need an actual copy of the newspaper clipping to show it was actually ran?
or is the receipt, canceled check from the newspaper, and the copy they made me showing the dates it will be run suffice?
RESPONSE: The newspaper in which the add was published should send you the affidavit for filing.
i was appointed executor of my mothers will.. she passed away in dec. of 2006...b/c of health problems.. i was not able to probate her will...therefore my brother took over and said the property was abanded..to make a long story short.. he took everything the home savings life insurance polices..did he have a right to do this.. and we did not recieve anything ..did he have a right to do this b/c it had been 2 1/2 yrs and nothing was done with the estate..??
RESPONSE: I do not have enough information to be able to answer your question. I recommend that you schedule a meeting with a lawyer, who can then advise you after obtaining all necessary information.
my mom had me put on her banking account long before she died but she was the only one who used it prior to her death last month...as i am the adminstrator, i thought the lawyer said that i could just keep that account open and use it as the estate account...it this not correct?
RESPONSE: It's better to open a separate account under the name of the estate, using the tax id number for the estate.
My husband received 15,000 from his deceased uncle's estate in South Dakota. My husband's mother handled the affairs. The funds came by a personal check from her account in her name, written to my husband, signed by her. She may also have been the uncle's power of attorney prior to his death. He may have left everything to her and to distribute to her discretion--not sure. Should the funds have been distributed via an account reflecting the source (such as his name, estate, her as his representative/executrix, etc?
RESPONSE: Yes - an executor of an estate is not allowed to co-mingle estate funds with his or her own funds.
12/16/09 My father who died on Nov.5 in Hartford, Ct. has made my
two sisters co-executors. They are
now telling me that it is not appropriate for me to be allowed into my father's home until they have finished their inventory, etc.
Is there a law that states that non-
executors are not allowed into their
parent's home?
RESPONSE: Assuming your father was a CT resident, that is a matter of CT law which would be best addressed by the CT attorney. In NC, a beneficiary of real estate under a will generally is considered an immediate owner of the real estate and thus has a right to access it.
I used an estate lawyer for my dad's estate. I was the executor of the estate. We closed out the estate without paying the funeral home bill because my dad's brother planned the funeral without the permision of the executor & signed for the bill. We gave the funeral home 90 days to responsed to the rejection of paying the funeral bill. I was told that after 90days the funeral home could not sue me or the estate per the estate lawyer. I am now being sued by the funeral home for a bill of $23,000 funeral home bill plus lawyer fee after over one year of closing out the estate. What are my legal rights as the executor of the estate?
RESPONSE: I do not have enough information to provide an answer. I suggest that you consult with another estate lawyer (a board certified specialist), who can get all of the necessary information from you and then advise you.
My sister has living rights to the house in which my father owned. Does repair cost/taxes have to be paid by her and husband if not stated in will? Also how do I handle hunsband when sister passes? The will has my brother and me as beneficiaries. Also do I need to change locks on doors of father's homeplace if family members other than beneficiaries have keys?
RESPONSE: In general a life tenant is responsible for taxes and repairs. I encourage you to consult with an attorney, who can obtain the necessary information to answer your questions accurately.
My husband and I have rented a house from his parents for over 20 years. We paid rent every month. His father passed away last year and his mother has put the house in my husband's name. I'm not beneficiary of the house. Do I have legal rights to half of value? We built a shelter for boat and camper since living here and also put in new heating and air unit. My money was used for household items/food and bills while living here.
RESPONSE: Paying rent and other expenses generally does not entitlement you to claim ownership in property, so it appears that you have no rights to the property other than at your husband's death or possibly divorce. However, I suggest that you consult with an attorney to be fully advised of any rights you might have.
I am the executrix of my mother's estate. I have 4 siblings, all with spouses. The will says I am to sell her house and distribute the money in equal parts. Do all of my siblings and their spouses' have to sign the deed in order for me to sell the house? What happens if one sibling refuses to sign the deed because he/she does not agree with the selling price?
RESPONSE: If the Will directs you to sell the house, the signature of your siblings and their spouses is not required.
When a caretaker (also having power of attorney and then executrix) closes all bank accounts of the person (mother) she is taking care of and transfers the funds to open her own accounts, is that legal? She has done that to avoid paying nursing homes as well as last medical bills of her mom. Also, she has been very secretive as to the beneficiaries of the will. She has had to open probate on the will which is upsetting her. How does the CLERK OF THE PROBATE COURT handle this type of shenanigans. She tells her siblings there wasn't any monies left.
RESPONSE: What you describe is a very serious matter, and may be illegal. I recommend that you hire an attorney to assist with enforcing the rights of the beneficiaries.
I am the executor for an estate where the deceased had life estate to the house, car, and furniture. Her son-in-law was on the deed before her passing and now owns the house. He communicated that he would arrive the next day, and have the house cleaned out in three days. Is there any law about how long the new homeowner must give notice about vacating the personal effects of the deceased, of which I'm responsible for, not him? Does the homeowner have the right to trash or donate those items?
RESPONSE: I recommend that you consult with an attorney to get an answer based on the particulars of this situation.
Is there a deadline in North
Carolina for filing as the administrator of an estate.
RESPONSE: Generally no, but the person with priority to serve as administrator may lose his or her rights if application is not made within 30 days of the decedent' death.
Are executors in NC permitted to reimburse themselves for estate expenses before the estate is closed?
Are they permitted to reimburse their spouse and family beneficiaries and their spouses (all non-executors) for travel expenses, lodging, meals, etc for helping with the estate work? And are the estate expenses of these beneficiaries allowable on the Estate Income Tax Returns?
RESPONSE: Executors are allowed to reimburse themselves for reasonable expenses, subject to approval of the Clerk of Court. As for other family members, I cannot definitively answer your question without more information about the nature of the work done, but normally such expenses are not allowable, and not deductible for tax purposes. I recommend that you consult with an estate/tax attorney.
My father-in-law passed away and divided his estate between three siblings. His son was to receive the residence and the two daughters the residue of the will (i.e. 2 vehicles, furniture, etc. There is a pending lawsuit against the estate from a motor vehicle accident. As such the son who is the executor has refused to sign the vehicles over or distribute the rest of the estate. However, without knowledge of the other parties he has taken up permanent residence in the father-in-laws home. The son-in-laws home is occupied and is being rented by a third party. Does he have the right to occupy the residence prior to the lawsuit being settled and the distribution of all properties in the will? We thought as Executor he was to only ensure the properties upkeep and to pay utility bills/taxes. There was a bank account sufficient to handle these expenses.
RESPONSE: If this is a North Carolina estate, the beneficiary of real estate owns the property as of the date of the decedent's death, subject to the right of the executor to sell it to satisfy claims. Thus, it is not necessarily improper for him to occupy the home. I suggest that you consult with an attorney for a more definitive answer.
My Mom passed away 2/10, the NC attorney wants my brother and I to renounce our rights to be executor of the estate to the lawyers secretary. Do you advise that? What would the point of that be?
RESPONSE: That sounds unconventional, to say the least. I recommend that you consult with another attorney to get a second opinion.
I am the Executrix for my mother's estate. I know to take her will and a death certificate on my first visit to the courthouse. What additional forms,papers,or proof of identity will I need to show? I am her only child and excluding the house and land, everything was jointly held in both our names. There are no debts.
RESPONSE: You will have to fill out and sign an Application for Letters Testamentary, providing information about her assets.
Can an executor be held responsible for not paying a debt she knew to be due from a divorce agreement, which my father specified to pay even in the event of his death and to which no amendments had been made? I was a minor when he died and she refuses to pay the debt, saying it's not due because it's not specified in the will, although my father told her on a deathbed it was due to me from the divorce settlement and to pay it. The court closed probate before she buried my dad and completed other executor tasks (including the disbursement of furniture I was left in the will). How can I get her to pay up. I'm afraid the court won't reopen probate.
RESPONSE: I recommend that you consult with an estate attorney as soon as possible to see if there is any way to pursue this claim.
I am executor of my wife's will. Other than her wedding ring, a small amount of jewelry and her clothes everything was jointly owned. Do I need to pay a lawyer or can I just go to clerk of court to file probate? She died April 28, 2010.
RESPONSE: You probably do not need a lawyer, unless you are concerned about any debts your wife may have had.
The executor of my wifes' parents estate has been issued a second order to show cause. Does the court have the power to remove and name a replacement at this point? Or does the family need to notify the court of their desire to have him removed? They passed over 5 years ago.
RESPONSE: Yes, the court can remove him if he doesn't comply, but the beneficiaries can also formally request it.
My Mother of 8 siblings passed away in 2009. We appointed two of the eight siblings as executors of her estate. The will states that the real property shall sold and divided equally. All debts have been paid and everything finalized with the exception of selling her house. I have one brother that lived in the house for many many years and believes that he should be allowed to continue living there and refuses to leave. We would like for him to move and sign his name to sell the property but he refuses. He is not working and cannot afford the taxes and repairs. What can the rest of us do to remove him from the premises and put the property on the market with a professional real estate agent?
RESPONSE: You and your other siblings will need to hire an attorney to file a Sale In Lieu of Partition action.
My mother in law who lived in NC recently died. My sister in law was named the executor of the estate in the will. There wasn't a lot of assets in the estate and she is dragging her feet filing. If no one ever files for probate what happens? At what point is this person held responsible?
RESPONSE: The person named in the will as executor cannot be held responsible for anything unless he or she actually qualifies. Other heirs can step forward to serve if she doesn't qualify within 30 days after the will is probated.
The court has removed the executor of my wifes' parents estate and she has been named executor. What steps does she need to take in order to qualify?
RESPONSE: The easiest thing she can do is to hire a probate lawyer to assist her. Otherwise she needs to visit the Clerk of Court's office to apply for Letters Testamentary.
If someone who was named executor doesn't want to be executor and the second named person is willing to take on the duties....how does the first person go about signing over the executorship (for lack of a better word)? Do we need a lawyer, a notarized letter, or what? Thanks in advance!
RESPONSE: Assuming it is after the death of the testator, and the person named as executor has not qualified as such, he or she would sign a renunciation form available from the Clerk of Court. However, they cannot necessarily name the successor. I recommend that the named executor contact a lawyer, who can review the will and the particular situation, and then advise.
My mother in law passed away in April. She has a will leaving everything to her husband (my father in law). All of the banking is in joint right of survivorship. The house and cars are all paid. There is no outstanding debt except for the hospital bills and they have not all been processed through medicare and secondary yet. The house and land deeds are in both of their names. Do we need to go to probate court to settle the deeds and process the will?
RESPONSE: The probate process will cut off the claims of any unknown creditors and allow the house to be sold within two years if that is desired. I recommend that the executor consult with a probate attorney to get advice about the best way to proceed.
Thanks for your last response - one more quick question. In my father's will there is a home left to his spouse and 2 children in equal portions. Do we have to buy each other out or sell the property, since everything has to be liquidated? Thanks very much for your help!
RESPONSE: That is certainly the easiest approach, but it is not required unless dictated by the will.
Decedent has been a long time Florida resident. Died Florida domiciled. Will governed by Florida law. Estate consist of 2.4 million in marketable securities & 1 million in real estate. All real estate located in FL except one in NC valued at 145,000. Does filing in NC entitle Executor to full NC commision?
RESPONSE: No. In NC real estate is not commissionable unless the will directs it to be sold or it must be sold to pay creditors' claims. In this case, the executor would probably be allowed no commission.
If a bank in NC and I have been qualified as coexecutors and the bank takes an executor's fee based on their published (as agreed by the decedent) fee schedule, can I also receive an executor's fee (independent of the bank's fee)? If so, what is or where do I find the process?
RESPONSE: It would have to be approved by the court. You will need to file a petition requesting the fees in accordance with NC law. I recommend that you consult a lawyer to assist you.
If you are listed as a POD (payable on death) for someone's bank account, does this have to go through being put into the estate account or is it outright payable to the person named as POD?
RESPONSE: It goes directly to the named beneficiary without going through probate.
My oldest sister is the executor of my mother's estate. My mother passed away 9 months ago. There are 5 heirs, including the sister who is executor. The house was put on the market 4 months ago with an asking price of $199,000. An appraisal was completed for $198,000; tax value is $198,000. A month ago the asking price was dropped to $165,000. My sister asked for suggestions on what to do to help get the house sold; other heirs made suggestions but she did nothing. Now, just a month after the first price drop, the house is on the market for $115,000. She did not inform any other heirs of this last price drop; we found it on the Realtor's website. Does the executor, who is also an heir, have the right to make these decisions without informing the other heirs? There is $100,000 lien on the property so selling at $115,000 will not net proceeds for any heir. Also, she has locked all other heirs, except one, out of the house and will not allow entry. Is this legal or even ethical?
RESPONSE: Under NC law, the executor does not have the power to sell the real estate without the consent of the beneficiaries/heirs unless the Will specifically grants that power. Generally, all beneficiaries/heirs should have equal access to the house.
My father passed away in the early Spring and the executor said that everything is taken care of and the estate can be settled at anytime. If there is real estate what documentation do the beneficiaries need in order to put the real estate in their names and what documentation is needed to prove that the estate can be settled. Is the documentation something that the court can give the beneficiaries if the executor is dragging their feet?
RESPONSE: Under NC law, the real estate belongs to the beneficiaries as of the death of the testator, so no further documentation is needed once the estate is closed.
My Grandfather died intestate in 1991 in NC. His only child, my dad, wanted nothing to do with his money, and refused to sign any paperwork. Now my dad has passed away, and I am his only child, but I live in NY. What is the easiest way to handle my grandfather's estate? He only had a bank account with $10,000.00 in it. I would like to finally reimburse his sister the $2,000.00 she laid out for his burial expenses.
RESPONSE: The funds have probably escheated to the State of North Carolina and may no longer be available. I recommend that you hire a probate lawyer to advise you.
Hello My Grandmother passed away in Dec 09 We had a joint checking account with No right of survivorship we could both use the account freely. I paid all her bills with her Social Security and I am continuing to pay all her bills now with my monies even though there are 8 heirs. I am keeping copies of everything to get reimbursed after her home that has a mortage is Sold. If I received a check a couple of months after her passing in her name for a settlement that I forgot about and deposited in our joint account Do I have to show this money as part of the estate and would the courts find out if I did not? Thanks
RESPONSE: I recommend that you consult with an estate attorney immediately to ensure that this matter is handled properly.
My father and one of his daughters had a joint checking account at Wachovia Bank in Buncombe County, North Carolina. He has recently passed away. What responsibility does that daughter have to use that joint checking acct to pay our father's outstanding bills, or can she legally use that money for her own personal use (She's currently been using the acct to pay off our father's bills, as well as for her own personal non-estate related expenses)? She says that the joint checking account listed her with "right of survivorship." One site I looked at said that any monies in the account go directly to her and can't be touched by probate or the estate. Another interpretation I've read is that the monies must be used to pay off my father's outstanding debts, plus any court-related expenses and taxes, then go to the estate (in which case it would be shared equally by the surviving children).
Thank you
RESPONSE: The use of joint accounts to pay estate debts is a complex issue with several variables. I recommend a consultation with an attorney.
My daughters husband just found out he is the executor of his mothers estate. She only had a house. There was bond money but his older brother had POA when she was a live - he cashed and spent the money. Guilford county probate/estates/wills office told us because there isn't any other assests but the house - I also asked about the deed, she advised to get a lawyer and have title name changed to his. Is it that simple, if so, can we file those papers and what papers do we file - there isn't any money to hire a lawyer.
RESPONSE: It will be a worthwhile use of you son-in-law's money to consult with an attorney to determine how to proceed in this matter.
My mother passed away in May 2007, my brother was named executor in the will, he has never done anything with the will, he went to the bank & closed out all her accounts & kept the money (over 20,000), not to mention he purchased 10 copies of the death certificate I assume for the purpose of sending to life ins.companies, she had several policies. I went to Clerk of Court to request a final acct.(because he kept telling me there was nothing left & the estate was settled) & was told the estate had never been opened. I did purchase a copy of the will and it states everything is to be divided equally between me, him, & my sister, who passed away before my mother ( are her siblings entitled to a portion & isn't what he is doing about not opening the estate illegal?
RESPONSE: Perhaps, unless all of the accounts were jointly owned or payable to him. I recommend that you consult with a probate attorney.
I have been made exectutor of my friends estate who died April 16,2010.Im in the process of working on his estate taxes,i had found out that in 2010 no estate taxes had to be paid (federal or state) in that person died in 2010.Is this a true statement and if so then does no paperwork has to be filed such as form 706 and A-101.The estate assets are no more than 425K,thanks Paul
RESPONSE: There is no federal or NC estate tax for 2010, so no estate tax returns are required.
My mother is in the final stages of dementia in a nursing home. My brother has her power of attorney and is named her executor. She has a simple will that leaves her 3 sons equal shares of her estate. Dear brother has decited to gift the federal gift tax free amount - $13,000 to each of Mom's grandchildren to reduce her estate's value, and potentially reduce federal estate tax. Our issue is that the executor brother has more kids than the other brothers. So, the executor's family gets 50% more in grandchildren gifting than the other non-executor brothers. To reconcile this gifting to the will's clear intent, I suggested that the additional grandchild's gift $s should be a reduction in the executor's final estate share, but he doesn't agree. This seems like an abuse of his power of attorney authority to transfer more of Mom's estate's $ value to his family, at the expense of his 2 brothers. The power of attorney does include a gifting authority, but there is no mention of generation-skipping transfers nor grandchildren gifts in Mom's will. How should we pursue resolution of this dispute?
RESPONSE: The first step is to make an appointment with an attorney and bring in the power of attorney for review.
My mother passedaway in October 2010 without a will.She has been in a nursing home for several years and any income she receives goes to medicare to pay nursing home.She has a home(no personal belongings or furniture) in her name that is in the process of being foreclosed.There is no living spouse and any insurance she had has designated beneficiaries.My question is does there have to be an estate created since she has no assets? Thanks
RESPONSE: Generally if there are no assets, there is no need to open an estate.
My mother passed away in may 2010. I was named executor of the will and got a lawyer and filed all the paperwork. On one of the life insurance policies my father, who passed away in 2007 was the only beneficiary. I have recieved the check from the life ins company made out to me as executor of the estate. I asked my lawyer if i had to use this money to pay outstanding debts or if i could disperse the money between myself, my brother, and my sister. They told me that us children could take the money and not pay the bills with it. Is this correct? and can i get into legal trouble or be required to pay those bills myself if we take the money?
RESPONSE: Funds payable to an estate must be used to pay any debts of the decedent. As executor you could be held personally liable for the debts if they are not paid and you improperly distributed funds from the estate.
AS AN EXECTUTOR OF AN ESTATE I KNOW THAT I AM ENTITLED TO A COMMISSION OF UP TO 5%.MY QUESTION IS WHAT IS THE 5% BASED ON,SUCH AS LIFE INSURANCE PROCEEDS,RETIREMENT FUNDS,CHECKING,SAVING AND SO FORTH.THANKS
RESPONSE: The commission is calculated on the receipts (funds coming into the estate) and disbursements (expenses and debts paid). Generally life insurance and retirement funds are not paid to the estate so are not considered receipts. The same is true of joint accounts.
i was wondering if i received a check payable to me..i am the executor of my fathers estate. and i have 3 other siblings. do i have to disperse that money evenly between all 4 of us..or can i split it between two..the point is here that,2 of them never did a thing for my father and when they found there was a lawsuit they came forward.1 brother is supposed to only be adopted by my father..havent saw any proof on this adoption yet though.
RESPONSE: I would need to know more about exactly how the check was made out and the source of funds. I suggest that you consult with an attorney to determine the answer.
A dear friend is really struggling, her dad died almost 2 years ago- her dad assigned a friend of his - who lives in new york, as an executor. The will is very simple, splitting all assetts 50/50 between my friend and her brother. It has been 19 months and the clerk of court has just received the first information from the executor. When my friend calls the executor he has told her he is not going to release any money until the house sells, the house is fully paid for and there is also almost 400,000. in cash - the executor has also told my friend that he will not give her any money because she will squander it, and other derogatory statements. The executor has also lowered the asking price on the house several times without consulting the heirs- Can you please shed some light on this situation. My friend is a single mom, so she does not have the money to hire an attorney- what can she do to make the executor fulfill his duties?
RESPONSE: She should obtain a copy of the court file, and take it to an attorney for advice. It may be that the executor can be removed, but she will need an attorney to assist her. It sounds like she cannot afford NOT to hire an attorney to protect her rights.
I am the executor of my mother's estate. I was also named individually as the beneficiary of her life insurance policy. I deposited the life insurance proceeds into the estate account, but am now wondering if I can write a check back to myself from the estate account for said life insurance proceeds? The reason being is that I would like to divide the life insurance proceeds with my brothers now rather than waiting for the estate to be closed.
RESPONSE: The proceeds should not have been deposited into the estate account, and there are gift tax consequences to what you propose to do - I recommend that you consult with an estate attorney.
As executor of my father's estate I traveled to NC for my ltrs of testamentary. I reimbursed myself for this which I am finding out now I technically shouldn't have. Clerk says I can file a petition and order for the clerk to sign. Is there a specific NC form for this? My dad's probate was fairly simple and this is the only thing holding up my final accounting being acceptable to the court. Can you advise me how to handle? Thanks
RESPONSE: There is no standard form - I recommend that you have a lawyer prepare it for you.
My sister has designated me as executor of her estate in NC. She lives in NC as her primary residence, but has a secondary residence and several pieces of rental property in both Georgia and NC. If she dies and I live in Georgia, how should I proceed with dealing with assetts and property in two states when she claims NC as her promary residence?
RESPONSE: You will need to need file a domiciliary estate proceeding in NC and an ancillary proceeding in GA. I would recommend that she consider the use of a living trust and LLCs as part of her estate planning - to protect her assets and avoid probate. She should consult with an estate planning attorney.
My grandmother passed away a couple of months ago, she had no will, and she still owed on the house that she lived in. There are 6 children. They have all signed a paper for one of the 6 to be executor of the estate. My grandmother only had 2,500 dollars in life insurance, the funeral was around 10,000. She still owes around 60,000 for the house. The executor lives there with two of her disabled brothers. Is she able to just go and get a loan and put the house into her name, or would it have to be sold? (These 3 people have always lived with my grandmother.)
RESPONSE: The house can be put in the name of the child who is the executor if all the other siblings agree. Assistance of an attorney will be required.
My mother died in 2010. I know there will be no federal or state estate tax filing required. I am ready to file the Final Accounting for her estate. Must I file her 2010 personal and estate income taxes before I can submit the Final Accounting to the Clerk of Court?
RESPONSE: It's generally a good idea, particularly if there will be fees incurred for preparation of the returns and tax due.
I am the exectutor of a friends estate who died in 2010.He left his property(home and land) in the estates name,does the property have to be sold before the estates final accounting is done or the estate is closed?
RESPONSE: Only if the will instructs the executor to do so.
My Mother died back in November of 2010.I am the administrator. She died intestate. Me, my husband and two children are living in the home that my mother owned.We will have to sell the house to pay off a second mortgage, and sewer assessment fees. We have talked to an attorney who has recommended my siblings signing a deed over to me. Will signing a deed keep us from having to distribute the money from the sell of the house 5 ways? If so can their be a form that could be signed by my siblings saying that they don't want any share in the money from the sell of the house? Thank you.
RESPONSE: If your siblings give you their share of the house, you will not be required to pay them any share of the proceeds from the sale. Make sure you have a lawyer advise you and handle all the arrangements.
My mother passed in 2/2010. My stepfather passed in 6/2010. His sister and his daughter took over and kept me from all of my mother's things, as well as any other items that they shared. His daughter filed the will and is the executor of the estate. I found out recently (over 6 months later) by inquiring to the county in which the will was filed, that I am a joint and equal heir. What should I do to now get my mother's things since my step-sister and my step-aunt hid the fact that I am a 50% heir? What if most of everything has been sold? Is there a penalty for ignoring the fact that I was named in the will?
RESPONSE: You will need to hire an estate litigator to file suit against the executor for breach of fiduciary duty.
can the executors decide for the hiers what is best or do the hiers have a say in what takes place with property say like getting insurance on a home to protect it although it is vacant
RESPONSE: It depends on state law and what the will says. In NC, unless the will directs the executor to sell or otherwise have control of the house, the heirs own the property as of the decedent's death and they, rather than the executor, control what happens to it.
My husband was named executor of his mother's estate. He has one brother and the will states that they are to receive as near a 50/50 distribution as possible. The mother left a handwritten list of specific bequests separate from the will, and the will states that the specific bequests are not a part of the will and that while she would like them to be honored, the executor is not required to honor them. My husband has distributed all but one item on this list as requested. Now, there is an argument over a piece of furniture in the house because both heirs want it. This particular item is not listed as a specific bequest. My husband told the brother that he had made the decision to take that item and reminded the brother that everything is still being divided equally. The brother told my husband that he doesn't have the right to make the decision of who will get the item. My questions are: Does the executor have the right to make such a decision or not? If not, then what do you suggest as a method of resolving this type of problem? Thanks.
RESPONSE: Any specific language in the will regarding the disposition of tangible personal property will control - otherwise the executor should have the final say. Your husband should consult with an attorney to determine the best way to handle this situation.
My mother just passed and had no will, but she did have a very large life insurance policy. Come to find out she had no beneficiary listed what do I do, since I am her only living daughter? She did not own any property, only personal property. I thought she had me as her beneficiary since I am on her bank account and the insurance is thur her bank.
RESPONSE: Most life insurance policies provide that if there is no beneficiary, the proceeds are paid to the insured's estate. Thus, you will need to qualify as administrator of your mother's estate. You may need an attorney to assist you.
My sister died and the other siblings and I are the heirs they will transfer the deed to the house over to my husband and I. Will the bank make us get another loan? There is money owed on the home, but we are making the payments to the bank on behalf of the estate.
RESPONSE: You are not required to refinance the loan.
My older sister is executrix of my father's estate. Her and my younger sister were caretakers for a number of years. Me and my brother lived out-of-state and could not help. Me and brother received life insurance policies worth about $4K each. Sisters know about it, they didn't get policies. Now, stock has been found and sisters want to cash it out, take $4K each and THEN divide the remainder by 4 to get THEIR $4K. They feel they deserve it since they were caretakers and perceive what my father did (give me and bro life ins) as chauvanistic. But, as executrix, is that legal?
RESPONSE: No.
My father is in final stages of Dementia. My brother has PofA and been designated executor. In the event of my brother's death, he thinks his wife will take over the roll of PofA and Executor for Dad. What is the proper transition of these powers and how can the remain children make sure this would go to one of us?
RESPONSE: If your brother is unable to serve, the alternate person named in the document will serve. If there is no successor to your brother named in the documents, state law will control what happens. It is not automatically your brother's wife.
My half-sister, a NC resident, has asked me, a NY resident, to be executor of her will. She has no real property, no debt, and no children or spouse. Her assets consist of assorted personal property and a few accounts worth probably less than $50k. What questions should I ask her and what factors should I consider before deciding whether to agree to be executor? Thanks in advance.
RESPONSE: It sounds like administration of her estate will be fairly easy, unless she dies with lots of debt. That would be one thing to ask her about. You can always hire a lawyer to carry out most of the tasks of administration and pay him or her from the estate.
My sister passed away in January 2011. I have not files as executor of estate. Do I have to do this? She only had a house and we do not want it. No need to try to sell. She has some credit card debt and hospital bills due. I was told by an attorney that no one is responsible. Do I still need to file the estate? Or leave as is?
RESPONSE: You are not required to do anything.
In the state of North Carolina can an executor legally continue running the decedent's business and where would I find the statute to back it up.
RESPONSE: Generally, yes. N.C.G.S. Section 28A-13-3(20). Also, the will may expressly give the executor such powers.
My sister is the executrix of my fathers estate. There was some real estate that was in foreclosure with beneficiaries listed upon his death. After the attorney settled the foreclosure, the check was cut to the estate. Does the executrix get a portion of this dollar amount as her 5% fee since it was real estate?
RESPONSE: In my opinion, the proceeds should not have been paid to the estate unless there were other debts or expenses to pay, and the executrix should not receive compensation based on the proceeds.
If a person owes a debt to the decedent and is also an heir to the estate, can the debt be offset by the amount of the person's distribution?
RESPONSE: Normally, but it is up to executor/administrator as to how to handle it if not stated in a will or trust.
Can an Executor withdraw cash from the deceased's Estate bank account? If so, is there a limit on how much cash can be withdrawn by the Executor? Please help asap, I didn't get much sleep last night due to worry..
RESPONSE: Once the executor qualifies with the court, he or she can access all of the decedent's accounts for estate purposes. There is no limit.
My wife is executor of her mothers NC estate. She reciently received an offer of $60,000 for a piece of property appraised at $95,000. She sent the information to her sister as a courtesy. She has now received a letter from an Atty her sisiter hired saying that her sister does not agree with the offer and the property cannot be sold without her pemission and her agreeing on the sales price. The question is, does the non-executor sister have any say on how much a piece of property is sold for?
RESPONSE: Under NC law, all beneficiaries/heirs must agree to the sale of real property unless the will specifically states that the executor alone has that authority.
My dad passed June 2nd 2010. His house sold/closed Feb.8 2011. When should the executor distribute the funds to the benficiaries (spelling?) from the sell of the house.Executor informs me the they can wait as long as they want (this is a sibling).
RESPONSE: If the will directed the executor to sell the house, it should generally be within a year or so of death. If the will did not direct the sale of the house, the proceeds should have been distributed at the time of sale.
My mother recently passed away. My brother and I are named as co-executors in the will. We have a third sibbling. The will specifically states that division of personal property within the home will be equally divided with the exception of clothing and jewelry, which were left to me. The will did not specifically state how the personal property was to be equally divided. My brother, co-executor, has gone through the house and tagged most of the nice pieces of furniture with his name and stated that our mother had verbally indicated that she wanted him to have those pieces. With no specific instruction on how to go about "equally" dividing the property, how does one make a fair division? As co-executors, if we cannot agree, do we take this problem to the clerk of court for settlement? Thanks
RESPONSE: I suggest trying mediation through a dispute settlement center before going to to the clerk.
I'm the executor of the will for my partner. The only assets he has is a car and a small stock account (around $1k). There is very little in his checking and savings accounts. Do I still need to file probate?
RESPONSE: It depends on the value of the car and the bank accounts. If you are in NC, the limit for avoiding full probate is $20,000. Even below that, you will need file the will and certain other documents with the court.
My mother, who is still living, made a will several years ago. She named my sister and me as co-executors and dividing things equally. About a year ago, I received a letter from my mother's attorney telling me that I had been removed as a co-executor of the will without explanation. When I questioned my mother about what was going on, she said that my sister had taken her in to her attorney's office. She said that her attorney told her that since I have bad credit and a judgement against me for a credit card bill ( this was due to divorce) that I can't be a co-executor. She said it was a "law". I have a hard time believing this and think this is something my sister is trying to pull. My sister and I do not get along at all. If my credit is in question, isn't it possible to be bonded?
RESPONSE: There is no such law in North Carolina.
My brother is the executor of my mother's estate and he was told by a lawyer that he would receive 5% executor fees. We understand that he can receive "up to" that amount but we have talked with other financial advisers and blogs that say that 5% is really high for North Carolina. The siblings have tried to suggest that 5% might be high but he is sticking to this statement by the lawyer and feels he deserves the full commission. There is nothing in the will stating the executor will receive 5%. There was no sale of property involved and it is not a complex estate settlement. If the siblings do not agree with the 5% commission...does the executor have to petition the court or is this part of the final assessment that he gives the court. Since there is not an agreement...how do we proceed?
RESPONSE: The amount of the commission has be approved by the court. You can inform the court that you object to the full commission.
How legal is a will that my sister typed up for my father making her the executor? I know of at least two she typed up during his illness (there may be a third). In one I was named as co-executor but have since been removed.
RESPONSE: It is illegal for a non-lawyer to prepare a legal document, including a will, for the benefit of another person. In cases such as the one you describe, it may be grounds to have the will declared invalid.
My dad just died at the age of 89. His will named my mom, age 91, as Executrix. I am handling all of that for her with her assistance. My question: Her will names my dad as Executor of her estate upon her death. Due to his death, that needs to be changed to name me, the only child, as Executor. Is there a way to do that in NC without having to involve a lawyer (and pay) a lawyer?
RESPONSE: Anyone can legally prepare their own estate planning documents, including a will or codicil. However, why take the risk making an expensive mistake? It's well worth paying a lawyer to make sure your assets and family are properly protected, and in many cases, it will save money in the long run.
When searching for my mothers will, after death of my father I noticed that my sisters name was written in her hand writing on who the sole beneficiary was. My mothers signature was at the bottom. Because I don't remember if it took place at a lawyers office would this be inappropriate. If it was done at home would this also be inappropriate
RESPONSE: That is certainly not a recommended way to try to modify a will, and is probably invalid. Ultimately the court will have to decide.
I am Excutor of my sister's estate and she did leave a will. She gave everything to her younger son with me as POA over him. Her will does state that I can sell everything in the estate if needed. She left $ 5,ooo to her older son so he could not break the will. She stated in her will that he got everything he was going to get from her while she was alive. Other that the $ 5,ooo he does not get anything else. He wants to me to sign over executor to him. My question is if he was basically cut out of the will can he become executor?
RESPONSE: Yes, but the court has to approve his appointment as executor.
Must the executor, by law, of the will show the will and contents of the safe to his/her siblings? (Of whom are listed in the will):
RESPONSE: The will becomes public record when it is probated, as does the list of contents of the safe deposit box.
The first codicil of my mother's will states that I should be reimbursed for all expenses prior to and after her death including time away from work, travel expenses etc. as well as all fees to perform duties of an executrix. My sister has sent hundreds of emails questioning everything that I do. This process has taken my a huge amount of hours of my time. What can I expect as reimbursement as executris and my prior expenses in North Carolina?
RESPONSE: While you can apply for reimbursement for reasonable actual expenses, you generally cannot be paid for your time. I recommend that you hire an attorney to assist you in applying for reimbursement of expenses and payment of commissions.
Can an executor also be a creditor? I am handling the estate for a relative, who is the sole heir. As executor, can I write a check to myself as a creditor?
RESPONSE: You have to get approval from the court before doing so.
I have been willed a large piece of furniture by a relative who died 1 month ago. I was just told today that I could pick up the piece that is in the deceased apartment. They said I must pick it up within 4 days or else I would be responsible for the rent on the apartment, or they would have it shipped to me at my expense. This seems unreasonable. Would not the estate be responsible for storage of items until they could be reasonably distributed?
RESPONSE: The terms of the will may address how distribution of tangible personal property is to be handled. If not, state law would control. In general, allowing you only four days to pick up, especially if you are not local, seems unreasonable.
Is the executor’s commissions based on the total expenses of the estate or are certain expenses not included? Specifically, I handled my mother's estate and used an attorney. Would the comission be based on all of the expenses of the estate or would the laywer's fees not be included?
RESPONSE: In North Carolina, attorney and accountant fees are not included in calculating the commission. In addition, commissions are sometimes reduced if the attorney has done substantial work in administering the estate.
My brother is the executor of our aged deceased parent's will. (4 adult children left.) He has decided that the contents of the house are not worth appraising, that only the grand piano is. (it was appraised at 5000) The rest of us (3) know there are 10 place settings of sterling and a very beautifully preserved dining room set.
he is charging one of us $5000 for the piano and the other three can have for free what they want, DR suite, silver, or other. Can he do this?
RESPONSE: Depends on the terms of the will. I recommend having lawyer review the will and then advise you.
When my father passed away 20 years ago I was told not to pay anything until after 90 days when everyone had made claims against his estate. In his situation, his bills were probably more than his net worth. Now that my mother has passed, she clearly has enough money to pay the known bills. Do I need to pay these bills now or wait until after 90 days before I pay them.
RESPONSE: The 90 day period is part of a court estate administration. You should consult with an attorney about properly completing the administration and publishing a notice to creditors in the newspaper.
My Mother sold her house to one of her daughters years ago and retained "living rights" in NC. When she passed away she named me as her executor. Twice the sister who owns the house has changed the locks on the doors. I am coming up on the 90 day period where I need to do an accounting but I can't get to the possessions to sell them to pay off the debts. What will I need to do to get to the possessions? And who is liable for the safety & security of the possessions now?
RESPONSE: You will need to petition the court to issue an order requiring your sister to allow you access to the house to remove the personal property. I would hiring a attorney to assist you.
my brother is the executor of our deceased fathers will. our father past away in sept of this year, there are 4 sibling but only myself and my brother were left everything.( my parents were married for 50 years but divorced about 10 years ago, her name is still on the deed to the house.) how does this work with my mom's name still on the deed to the house? as far as i know my brother has not filed any paper work on his death with the state, it doesn't seem like he is doing his job as the excecutor, what are my rights since i was mentioned in the will?
RESPONSE: Your father's one-half interest in the house will pass according to his will. I recommend that you consult with an attorney to determine how you can enforce your rights as a beneficiary.
I have been named the executor of my uncle's estate, his estate is very small and will only remain open for 90 days. I paid for the clothes he was buried in out of my own pocket and I do have the receipt showing so. Can I reimemburse myself out of the estate for this expense once all bills are paid?
RESPONSE: Yes, subject to approval by the court (at least in NC).
I am executor of my brothers estate. He died without a will. Me, my brother and sister are the heirs. I have sold all the assets except one vehicle that is valued at 9,000. My brother and sister have agreed for me to have this vehicle. I agreed not to charge executor costs. Now my attorney has filed the final papers and has the 9,000 cost of the vehicle deducted from my share of the payout. I have not written any final checks and have told the attorney on numerous occasions about the agreement with my siblings. What can I do?
RESPONSE: The final documents cannot be filed without your signature. If you already signed them and they have been filed, it's probably too late to do anything. Otherwise I would take all of the paperwork to another attorney to review to see if things were done correctly.
As an out-of-state executor of my mother's estate in North Carolina, how do I go about declaring a NC resident serve as "Resident Agent." Are there any other requirements other than being a NC resident who has agreed to 'accept service of process in all actions or proceedings with respect to the estate'? Is there a form or something Probate Court approves via notification of designate? Or some other?
RESPONSE: There are no requirements other than being an adult resident of NC. There is a form available from the local Clerk of Court or online on the Administrative office of the Courts website.
My mother just passed away. In the will she left her house to me. But there is still a mortgage on the home. Can I keep paying the mortgage or do I have to refinance the mortgage in my name? My sibling is telling me that I have to get a new loan.
RESPONSE: You are not required to refinance.
My mother was a resident of VA, but owned a piece of property in NC. She was divorced and I am her only heir. I filed her estate in VA, where she lived. There was no personal property in NC as the real estate was a rental property. She died in 1994. What do I need to do in order to transfer the deed of the real estate to my name?
RESPONSE: You will need to file "exemplified" copies of the VA probate documents in the NC county in which the property is located. Once that is done, no deed is necessary. I recommend that that you have a North Carolina lawyer assist you.
My mother passed away 6 months ago. Her and my Father owned their home in NC. My dad has been advised by an attorney to put the house in my brother and my names, giving my dad "living rights" to the house, allowing him to live in it until he passes. In his Will, he is leaving the house and all belongings to my brother and I, 50/50. Is this a good thing for my dad to do? My brother and I get along very well, so I don't see any issues with that.
RESPONSE: I cannot advise as to whether such a transfer makes sense without having a great deal more information, such as your father's net worth, age, health, etc. I recommend consulting with an experienced elder law attorney, who such be able to offer a second opinion.
My aunt passed away 10 years ago leaving a trust of 2 vacation homes to her 16 nieces and nephews. It is now time to dissolve the trust and distribute funds. One of the nephews has died during the last 10 years. It is clear from her will that his portion would go to him but how do I issue the check? Do I issue to his estate and let his executor worry about if the estate is closed and who the money goes to? Also, do I use the estate's tax id number?
RESPONSE: I would need to review the will to be able to answer your question.
Is the executor of the estate required to pay for home owner insurance while waiting for the sell of the home
RESPONSE: It depends. Under NC law the real estate belongs directly to the beneficiaries under the will unless the will states otherwise. So the executor only has a duty to insure if he or she is directed to sell the real estate under the terms of the will.
My father passed and my sister opened the estate and cleaned out the account. I paid the funeral expenses in full and opened a claim. She did not close the estate with the courts. What are my options? what happens if someone does not close the estate?
RESPONSE: If your sister had to post a bond you may be able to make a claim against it. Otherwise you will have to file a lawsuit against her to attempt to reclaim the money. You should consult an attorney.
My brother and I are listed as co-executors of our mom's NC Will from 1993. The Will says we have to follow NC law at the time the Will was signed. She died in Iowa. I live in NC and my brother lives in a remote part of PA. The closest national bank to him is over 60 miles away. I plan to open an account with a bank that does business in all three states. Is there some document my brother can sign giving me the authority to sign all documents (except ones filed with the court) to collect mom's assets and put them in the estate account and then pay the claims? It is going to be quite burdensome if we both have to sign all checks, etc. Having him resign as co-executor is not an option.
RESPONSE: If the terms of the will allow it, a delegation agreement should work. If not, you have have trouble getting third parties such as banks to accept it.
The north carolina will of my grandmother indicated all land in the estate to be either divided among heirs or sold and proceeds divided. However, land prices are much lower now than at time of death and much lower than the value upon which estate taxes were based, and the property would be difficult to divide due to shape, road frontage, and wetlands. Could heirs agree to close the estate with each accepting a percentage interest in the land (i.e., versus selling or dividing the land)?
RESPONSE: Yes, but a deed from the executor and or a family settlement agreement may be required.
My father passed away two months ago and left me as Executor. I have put a probate ad in the newspaper, have mailed out Death Certificates have informed the Clerk of Court. How will I know exactly what debt is to be paid?
RESPONSE: Generally the executor sends a copy of the notice to creditors to every known creditor by certified mail in addition to publishing the notice in the paper. Any claims that are filed must be paid unless you formally object to the claims.
My former wife died . She named me as a beneficiary in a life insurance policy but I do not know what insurance company . Is the executor of the estate required to tell me the name of the insurance company ?
RESPONSE: If the executor knows, then he or she should inform you. There's always a chance your former wife changed the beneficiary, however.
is the executor "personal representative" allowed to withhold information from the other siblings that are entitled to the estates equally, also can a sibling for the hand of the executor to buy them out of real estate if the executor is doing what they want with it instead of what the group wants?
RESPONSE: Executors should not withhold relevant information. As for the rest of your question, it is not clear and probably depends on the exact circumstances. I suggest consulting with an attorney in the state in which the estate is located.
My mother lives in Georgia and I am named executor. I live in NC. Do I take will to NC clerk of court to get letters of testamentary or GA? I have to close banking accounts in both states. Can I open estate account in NC or do I open it in GA?
RESPONSE: You do not need to open an estate in NC - you can use the GA letters to close the NC account. Whether you must open an estate account in GA is a matter of GA law. You can ask the Clerk there to see if they can give you an answer.
my dad had 100,000 in a stock acct . I live in nc. I am executor of estate. he has 18,000 worth of expenses. how do I figure the 5 % exec. fee. is it figured on the 18,000 or on the total value of estate after expenses. I was told that the court calculates 5 % from the value of estate that remains after all outstanding revenue is received.that would be 82,000. is that correct or is it 5% of 18,000.
RESPONSE: The maximum executor's commission is calculated as 5% of the receipts (assets of the estate - real estate is generally not included) and 5% of disbursements (payment of debts and expenses). However, the commission must be approved by the Clerk of Court and often is less than the maximum amount.
My brother died intestate and I am the administrator of his estate. Our father paid for his funeral. When paying the bills of the estate, should I treat my father's funeral payment as a priority claim (i.e. payment of funeral expenses) - a claim that is superior to unsecured debts?
RESPONSE: Yes, if you reimburse the amount paid. You will need to provide the Clerk of Court with a paid receipt from the funeral home.