Who will be the PR of a Will?

[my nightmare]

What is the name of your state?North Carolina
What happens if the executor named in the will never files for letters of testamentary?

 

[BelizeBreeze]

What is the name of your state?North Carolina
What happens if the executor named in the will never files for letters of testamentary?

And what do you mean by NEVER?

 

[my nightmare]

My sister died in 1997 and her will was filed this month. Her husband was supposed to be her executor but he has passed away. Her son is supposed to be her executor if her husband predeceased her. Her son is not interested because all of his mothers property has already been disposed of with the exception of my sisters interest in my mothers property.

 

[BelizeBreeze]

My sister died in 1997 and her will was filed this month. Her husband was supposed to be her executor but he has passed away. Her son is supposed to be her executor if her husband predeceased her. Her son is not interested because all of his mothers property has already been disposed of with the exception of my sisters interest in my mothers property.

Listen, I'm not going to play 20 questions with you. Who filed the will and where did they file it.

And give us ALL of the facts.

 

[my nightmare]

The magistrate filed the will last month, the magistrate drafted the will for my sister in 1996. He filed it with the county clerk of superior court in the county that she lived in.

The magistrate also purchased her home after she died when it went into foreclosure.

 

[Dandy Don]

Sister needs to have a real estate attorney look at the magistrate's purchase of the home to see whether it was legal or not, or consult a probate attorney to find out whether sister is entitled to a portion of the purchase price if there was enough equity in the home. It seems to me that sister's interest in the home should have been handled under correct probate procedures--her interest should have been decided before the purchase took place, so it looks like the magistrate may have pulled a fast one on her.

DANDY DON IN OKLAHOMA ([email protected])

 

[my nightmare]

I think the magistrate has pulled a fast one too. But my sister died in 1997 and her husband died two years ago. Her husband was alive when the foreclosure went through and the magistrate purchased thier home. The magistrate sold it two years ago for a profit.