NC Confusing Will, Executrix bias.

[phoebemoon3]

What is the name of your state? North Carolina.

My sister was made executrix of my mother's estate. Her son is supposed to receive a car from my mother's estate.

Since my mother had 3 cars and did not specify which car her grandson was to receive, my sister claims the local Clerk of Court told her that the young man legally receives all the cars (even "quoting" the CoC as saying if there were 10 cars he would get them all, since no specific car was mentioned in the will...it only says "X gets the car" which we all knew to be a specific car).

Now, I know nothing about wills, probate or rule of law, but my assumption would be that, as the will states, he gets A car and the other's are either sold and the money distributed or they are somehow considered part of the communal "pot" to be distributed equally among the heirs.

As far as I know my sister is doing a good job otherwise, but she does tend to try to make things easier for her 30 year old son. (who has never held a steady job and only moved out of her house and into his grandmother's 5 years ago; where he has never paid rent, bills or otherwise contributed /rant off)

What does NC probate law suggest?

 

[CALIF-PROLAW30]

My response:

I don't think the law has any specifics about this type of thing. The judge could rule that portion of the Will to be invalid due to lack of specificity, or could award him the car that is of the year closest to AFTER the Will was made; e.g., if the will was written in 1989, and there's a car that was a 1987, then that's probably the car she meant.

A judge will always "attempt" to do justice, and to "give intent" to a Will and will do everything to avoid an "absurdity" - - as is the case of "giving him all the cars."

IAAL

 

[phoebemoon3]

Thank you.

I appreciate your feedback