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probate help

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karsteny

Junior Member
What is the name of your state? north carolina. Does the executor of an estate have the right to file law suit against hospital for (wrongful death or related reason on behalf of the decedent) he is not a relative of the decedent. if so, does it have to be settled before property is distributed from the estate. thank you Karsten.:confused:What is the name of your state?
 


las365

Senior Member
I am not a lawyer, and don't do much work on probate matters, and don't know the laws of your state. So, here goes!

Generally speaking, claims that belonged or would have belonged to the deceased belong to his Estate after his death. So the Executor, as the representative of the Estate, is the appropriate person to file suit on behalf of the Estate.

As for whether there can be partial, or interim, distribution of assets of the Estate prior to the resolution of the lawsuit, I would think so, but maybe not.
 

las365

Senior Member
OP's question from her second thread:
can a person that was convicted of felony crime be executor of estate?
The beneficiaries or creditors of the Estate can petition the probate court to remove the Executor. They would need to show sufficient grounds for removal, which could include:

Waste, embezzlement, mismanagement or the commission of a fraud on the estate
Inability to execute the duties of the office or otherwise unqualified for the position
Wrongful neglect of the estate
Threat to the estate or interested persons

I do not know whether a felony conviction alone would disqualify a person from acting as Executor. It woud probably depend on what the crime was.
 

karsteny

Junior Member
felony conviction

he was convicted of selling marijuana more than ten lbs i am sure and served many year in prison thank you
 

BlondiePB

Senior Member
he was convicted of selling marijuana more than ten lbs i am sure and served many year in prison thank you
From NC statutes:

§ 28A‑4‑2. Persons disqualified to serve as personal representative.

No person is qualified to serve as a personal representative who:

(1) Is under 18 years of age;

(2) Has been adjudged incompetent in a formal proceeding and remains under such
disability;

(3) Is a convicted felon, under the laws either of the United States or of any state
or territory of the United States, or of the District of Columbia and whose
citizenship has not been restored;


(4) Is a nonresident of this State who has not appointed a resident agent to accept
service of process in all actions or proceedings with respect to the estate, and
caused such appointment to be filed with the court; or who is a resident of this
State who has, subsequent to appointment as a personal representative, moved
from this State without appointing such process agent;

(5) Is a corporation not authorized to act as a personal representative in this State;

(6) Repealed by Session Laws 1999‑133, s. 1.

(7) Has lost his rights as provided by Chapter 31A;

(8) Is illiterate;

(9) Is a person whom the clerk of superior court finds otherwise unsuitable; or

(10) Is a person who has renounced either expressly or by implication as provided in G.S. 28A‑5‑1 and 28A‑5‑2.

(C.C.P., s. 457; Code, ss. 1377, 1378, 2162; Rev., s. 5; C.S., s. 8; 1973, c. 1329, s. 3; 1999‑133, s. 1.)
 

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