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I am the executor and sole heir in my mothers will. I also…

I am the executor...

I am the executor and sole heir in my mothers will. I also was her POA and I am her POH. My two brothers were excluded in the will. I have filed the will and taken the oath. I'm alitte confused at the next stp of inventory. There is a home valued at $104,000.00 with a $85,000.00 morgage. Appraised 2017. There is a 2002 Mercury vehicle and 2 grave plots that my parents decided before my dad passed last year they would not be using. And what little money is left in my mothers and my joint bank account is paying the monthly morgage and power bills.

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

North Carolina

Lawyer's Assistant: What documents or supporting evidence do you have?

Noterized and witness signed will Filled POH and POA with the state last year

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I live in Virginia but I have appointed an NC agent with the Clerk of Estates at the court house. Thank you for your assistance.

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Answered in 22 minutes by:
2/18/2018
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 42,151
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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If you have filed a formal probate petition in the NC courts and been appointed as executor by a judge, you now have all the legal authority to settle the estate.

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What questions did you have about the process I can help with?

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thanks

Barrister

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Customer reply replied 4 months ago
Since I am also the only heir by the will can I remove items from the home? The home and all contents were left to me in the will.

Yes, if you are the sole heir, then there is no one who has legal authority to complain if you were to remove items. And from a purely legal standpoint, if you are the executor, you have a legal duty to gather assets together to secure them while you prepare an inventory to file with the court and then proceed to pay any debts/bills/creditors from the assets of the estate..

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.

thanks

Barrister

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Customer reply replied 4 months ago
I’m sure the inventory doesn’t need every glass and plate and screwdriver. This is a lower middle class home with like possessions. What is need on the inventory?

You don't have to be that specific... the court doesn't care.. So if you put "kitchen items and utensils" that will cover everything in the kitchen... Or if you wanted to go really broad, you can just say "household furnishings" and ballpark a total yardsale value of everything in the house.

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The court doesn't pick through this type of thing with a microscope..

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thanks

Barrister

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Customer reply replied 4 months ago
Am I legally obligated to give my excluded brothers a copy of the will?

Nope, not if they are not named beneficiaries of it... However, it is a public document once it is filed in the probate case so they can just get a copy from the court clerk if they want one..

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But you don't have to give them one..

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

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Thanks much

Barrister

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Customer reply replied 4 months ago
Thank you very much for all your help

You are very welcome. Happy to help any time.

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Have a great Sunday!

Barrister

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Customer reply replied 4 months ago
If my brother comes onto the property without my ok is he trespassing?

Absolutely. the estate owns the land until it is transferred to you. And as executor, you have the power to determine who is on the land.

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Please take a moment to rate my service as that is the only way I am compensated for my work.

Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 42,151
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified
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