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I am one of the two beneficiaries listed in a will. I am…

Customer Question
Hello. I am one...

Hello. I am one of the two beneficiaries listed in a will. I am also the executor of the will. I have already met with the clerk of court to file paperwork for me being the executor of the will.

Lawyer's Assistant: Estate laws vary by state. What state are you in?

North Carolina

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

The will and the codicil stating me as being the executor

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

I have various questions to ask an attorney. There is the original attorney my dad had, but he seems odd. Today I called to make an appointment with him to talk. Instead he got on the phone and asked what I needed. I explained that I needed his advise on allowing my sister to come get items from the home she wants. I explained to him that she is a hostile person at times and what can I do to help with the situation. He told me if she gets hostile with me to knock her out. I was shocked

Submitted: 3 months ago.Category: Estate Law
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Answered in 3 minutes by:
4/3/2018
Estate Lawyer: Barrister, Attorney replied 3 months ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 42,519
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.

.

What are your legal questions I can help with tonight?

.,

.

thanks

Barrister

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Customer reply replied 3 months ago
I have already gone to the clerk of court to probate the will. My sister, the only other beneficiary, is not happy about me being the executor of the will. I call the attorney my father had to ask him how I proceed with giving her items from the home. He told me to give her 2 to 3 dates I would meet with her and if she does not agree with any of the dates I can proceed onward to selling the items etc. I asked him what to do about if she comes to meet with me and she becomes hostile, as she can be at times. He told me to knock her out. Needless to say I was shocked. My sister texted me several times today stating I have to give her key to the house now so she can come in any time she wants. She lives 3 hours away from where the home is. Do I have to allow her to come into the home anytime she wants and what do I do if she becomes hostile?
Estate Lawyer: Barrister, Attorney replied 3 months ago

Do I have to allow her to come into the home anytime she wants and what do I do if she becomes hostile?

.

No, absolutely not. The house and contents are owned by the estate, not her, until the estate is settled and assets distributed to the heirs (i.e. you and her) . So until that happens, you have a legal duty to protect and preserve assets and keep them in your possession.

.

Does the will state that she is to get certain things....like a certain couch or table, or jewelry, etc..?

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Or does it just say that you are to divide the estate evenly?

.

.

thanks

Barrister

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Customer reply replied 3 months ago
It states to divide 50/50. I want to buy her half of the home and am living in it right now. I have asked that she come to pick any items she may want, but she states that I am to sell everything now, but only when she decides and what she decides. There is is home and two cars. The clerk of court finalized the paperwork on the two vehicles, telling me I could do what I wanted with them.
Estate Lawyer: Barrister, Attorney replied 3 months ago

Ok, then if the will just says 50/50 you are free to just schedule an auction for the estate and then notify her of the date and time and if she wants something, she can come and bid on it to purchase it..

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As the executor, you have the authority to administer and settle the estate, including selling everything that is not specifically gifted in the will. Sister doesn't really have any say about what happens to the estate unless she was specifically gifted something.

.

.

thanks

Barrister

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Customer reply replied 3 months ago
The clerk of court also told me I would have to get an attorney to handle the sell of the home when I am ready to move forward with buying my sister out. So I can schedule an auction for all of the items in the home, like an estate sale?
Customer reply replied 3 months ago
Can I continue to live in the home? And - should I find another attorney to handle the sale since this one seems it okay to get physical with another person???
Estate Lawyer: Barrister, Attorney replied 3 months ago

. So I can schedule an auction for all of the items in the home, like an estate sale?

.

Correct. And if she refuses to agree to let you buy out her half of the house, you will have to auction it as well and then bid on it if you want to purchase it..

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Can I continue to live in the home?

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Yes, as you have a legal duty to preserve and protect estate assets.

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And - should I find another attorney to handle the sale since this one seems it okay to get physical with another person???

.

I would as that sounds like something a drunkard would say..

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Customer reply replied 3 months ago
Thank you.
Estate Lawyer: Barrister, Attorney replied 3 months ago

You are very welcome. Happy to help any time.

.

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.

.

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.

.

.

Thanks much

Barrister

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Estate Lawyer: Barrister, Attorney replied 3 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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