What is the name of your state? North Carolina
This story is incredible...and disgusting and I need help. The "brother", the executor admitted to making a fake codicil, tried to embezzle a house, assume my mortgage on a house left soley to me (and then denied it), emptied the house of 90% of the estate's belonging that were supposed to be split 50/50, denied the existence of stocks (on tape)...just for starters. I tried to have him removed, but my lawyer & I were "hometowned" by the clerk, although the evidence was staggerring. Problem now: his lawyer, who claims to be the "estate lawyer" (with a fiduciary duty to me allegedly), is trying to close the estate. However, he stated he did not know where the $30,000 of stocks went and "doesn't know if he can find out before the hearing to close the estate" (2 weeks). He states that the only issue is personal property discrepansy. The "executor" claims I took over $20,000 of personal property from the house, and he took $6000, therefore he should get cash for the difference. He made a fraudulant "inventory" of items he claims that I had taken, but in actuality, he took these items, many of which were left to me, many of which I have never seen or heard of. I have appealed the clerks ruling of not removing him, however, the "estate lawyer" is trying to close the estate before the appeal, claiming I can just sue the "executor" if I find a problem. Not exactly working in the best interest of this heir. Bottom line is he is trying to close the estate so that the "executor" can buy the house in the estate that is being auctioned. The "executor" has drained the stock accounts and has hidden over $30,000. (PS: I am out of state and have been charged huge fees from attorneys). So, can this "executor" cash out and disperse funds to himself only, and what do I do if the clerk of this small "hometown" decides that because he is the "executor", he is going to go along with the fraudulant inventory of items that this "executor" claims I have, which I don't. I am being horrifically railroaded. Help!