Estate Law Questions? Ask an Estate Lawyer.
Good morning and welcome to JUST ANSWER. if the will has been filed, that means it has been "read" and prove to be the authentic will before the probate court.. Has your brother in law filed an inventory of the estate yet? I will be off-line for the next several hours but I will definitely be back with you later this morning with more information.
Hello again. The reason that I asked about the inventory being filed is that it should include the value of the home, subject to any outstanding mortgage balances. When an estate has been opened and the executor has been appointed, he is usually required to be file an inventory of the estate's assets within 60 days or so. That might tell you approximately how much the balance of the mortgage is right now. If your dad listed the property for sale realtor, you might call the realtor who may remember how much mortgage debt there was against the property. This is not confidential information by any stretch so the realtor should be more than willing to help you out even to the extent of perhaps helping you buy the property if you are able to do so.
I hope that I have provided excellent service and, if so, would love a 5 star rating. If not, please let me know how I can further assist you. There is no additional charge to you for rating me. A bonus is not required, but is always appreciated.
Thanks again for using JUST ANSWER.
I'm happy to hear that you have an attorney working for you. Every state has laws that can be used to force a person to surrender the will to the clerk of the probate court. Concealing a will can be a crime in most states. Your lawyer will know what kind of petition to file with the court and have served on your brother-in-law which will force him to do what the executor of the will is required to do. I wish I were close enough to where you are that I could be of more assistance, but this is about as far as I can go. I would appreciate your five star rating at this point, and I wish you the best of luck in getting these family matters resolved favorably.
Okay here is the advice I can give you. First, If your current lawyer does not know how to force the production of your father's will in the probate court, then you should consider replacing him/her with someone else. Second, send a letter to the North Carolina State Bar Association complaining about the lawyer who has retired without turning over the will of your father to the probate court. I guarantee you he will get a letter from the State Bar disciplinary commission and that will be the end of that problem. Here is information on how to do that, and it should be all you need to do to pry the will loose. https://www.ncbar.gov/lawyer-discipline/
Here's another approach. You can have your attorney file a petition for letters of administration, and try to get you appointed as administrator of the estate. That will force the other people to bring the will to court and ask that the executor be appointed. You can tell the judge that you wish to buy the real estate, but you need to find out how much is owed on the mortgage. Either the administrator or an executor has the authority to order a payoff statement from the mortgage company. The only way that you are ever going to be able to buy that property is to do it through the probate process there in North Carolina. No one here or elsewhere on the Internet can get that done for you.
Hello again. Please let me know how I can further assist you. There is no additional charge to you for rating me. A bonus is not required, but is always appreciated.
Powers of Attorney are automatically void when the person dies. So that person also can no longer get information from the bank either. If the named executor fails or refuses to probate the will, the probate judge can order him to come to court and explain why. BUT YOU DON'T NEED THE WILL IN ORDER TO BUY THE HOME. If you have the means to pay off his home at the bank, then you certainly have the means to hire a local attorney to open the estate. THE ESTATE CAN SELL YOU THE HOME WITH OR WITHOUT THE WILL. The court will appoint an Administrator. If not you, then perhaps the attorney who you hire. All you have to do is find a good attorney to take over the probate process. I think that I have gone as far as I can go. I wish you all the best of luck in your efforts.
Thanks for the update. Good luck with the sale.