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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 33763
Experience:  Estate Law Expert
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I was named executor of my mom's estate. I did not want to

Customer Question

I was named executor of my mom's estate. I did not want to be liable for mistakes so I hired lawyer and named him executor so there would not be mistakes. He wrote me check from estate that was a cashed out insurance policy six months ago. It was for $2000.00. Now he says clerk of court says I have to pay back. It should have gone dedt collectors. Is this my responsibility or his? He made the mistake this is why I hired him and named him executor. The money is gone. Thanks for reply this is in North Carolina.
Submitted: 2 years ago.
Category: Estate Law
Expert:  Dwayne B. replied 2 years ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Further, if you get a message asking if you want to do additional services like a telephone call that message is automatically generated by the website and is not sent from me. I, like most of the experts in the Legal categories, do not do telephone calls due to issues with State Bar rules and other concerns.

Unfortunately, if you received money you shouldn't have received you have to pay it back to the estate. I'm not sure why he is telling you the clerk of court says you have to pay it back because the clerk of court really has nothing to do with it, the law states that you would have to repay it under the theory of "unjust enrichment" as well as other theories and the clerk of court is just responsible for filing paperwork and taking care of the file.

Expert:  Dwayne B. replied 1 year ago.

If your question has been answered completely then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread.