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Family Feud

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HerbaLee

Junior Member
From North Carolina. Remaining beneficiaries are 4 sisters and 1 Brother. The oldest Sister has been appointed as Executrix of my Father's Estate. My Mom passed 6 months prior. Prior to this she has had full POA for the past 10 years due to my Dad's Alzheimer's and my Mom's ill health. There may have been some transactions with credit cards and an equity line of credit on the home that is now part of the estate. She has managed these accounts online providing no one with user names and passwords. Is there a certain period of time that all transactions can be looked back at to see if anything illegal had transpired. It is not known what has been disclosed to the Clerk of Courts at this time. Should I seek my own attorney at this time or wait until we see what has been disclosed? She is also a notary and has been notarizing documents for the other siblings. Doesn't this present a conflict of interest? Any Advice before i need an attorney? What is the name of your state (only U.S. law)? North Carolina
 


anteater

Senior Member
Just to clarify since NC is one of the few states that seems to require that a durable power of attorney be registered and, unless the document waives the requirements, that the attorney-in-fact file an inventory and annual accountings...

http://www.ncga.state.nc.us/gascripts/Statutes/StatutesTOC.pl?Chapter=0032A

Are you thinking that sister, as executrix, is going to provide those as part of the normal probate process? I'd say that it is unlikely unless some interested party petitions the court to force her. Once the estate inventory is filed, do you think that you will be able to spot any malfeasance that occurred?

She is also a notary and has been notarizing documents for the other siblings. Doesn't this present a conflict of interest?
I don't see that it would be as long as the siblings are signing (and know what they are signing).
 

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