QUESTION

What are the consequences if the executor of estate is not following the guidelines of the will?

Asked on Jul 31st, 2013 on Trusts and Estates - North Carolina
More details to this question:
The executor is not listing all the assests and is giving assets to other relatlives.
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1 ANSWER

If you believe that an executor is not following the guidelines set forth in the will, it may be worth your while to hire an estate dispute attorney with experience in litigating these matters.  That attorney can get a copy of the will, the estate file, and other materials and can give you an indicaiton as to whether things are being done properly.  If it is determined that the executor is not carrying out his/her fiduciary duties, you can bring an action to have him/her replaced with a different executor, and you may be able to bring an action for breach of fiduciary duty. Good luck going forward. James J. Mills 2626 Glenwood Ave., Ste. 560 P.O. Box 10867 Raleigh, NC 27605 Telephone: 919.235.3824 Fax: 919.782.2311 www.burnsdaypresnell.com
Answered on Aug 01st, 2013 at 3:47 PM

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