How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Michael Bradley Your Own Question
Michael Bradley
Michael Bradley,
Category: Legal
Satisfied Customers: 1067
Experience:  Owner at The Protection Group LLC
Type Your Legal Question Here...
Michael Bradley is online now
A new question is answered every 9 seconds

To you, north carolina, will\ trying to get a handle on

This answer was rated:

good afternoon to you
JA: What state are you in? It matters because laws vary by location.
Customer: north carolina
JA: Has anything been filed or reported?
Customer: will\
JA: Anything else you want the lawyer to know before I connect you?
Customer: trying to get a handle on north carolina law in processing a will after death

what is your specific question?

Customer: replied 1 month ago.
I am an executor of my Father's will. When he passed, I placed all his belonging in to be auctioned off. All his personal items have been sent to my brother. There is another brother in this will who as said to give all his belonging to this brother, which I did. It has taken a year to get all this sold and items collected to the sent. Now the other brother who has nothing is now raising holy hell that there is a bunch of money missing and well you know all the talk when it comes to greed. I have be told to get ready to go to court and he will take over the position of Executor. Question is: what grounds does he have and what can I do to shut him down so I can finish this? There is no property, He lived with me for the last six years of his life and the only money he had was Social Security, otherwise I supported him with everything else.

if he files something he would need to prove that you have done something wrong to such a point that you should be removed

if there is nothing then there is nothing to fight about

he would need proof of his claim that money is missing, real hard to prove

David got a pretty big amount outside of the will. Is he the one complaining?

Customer: replied 1 month ago.
no, he is very ill and really doesnt know much. James Ray is the one causing all the problems.
Claims I have all this money which doesnt exit. There is money from the auction. I am picking up the from the auction all the paperwork that shows inventory,sales and total which will be divided after I pay these expenses, as well as all other out of pocket expenses to settle this. Still have to go to Georgia and place his grave stone.
Customer: replied 1 month ago.
I purchased a Life insurance policy to bury him and my brother claims he is intitled to that too. I was the sole benfit for it.
Customer: replied 1 month ago.
boy, I can truly say the real greed comes out when someone dies.
Customer: replied 1 month ago.
I am a free mason and dont believe in greed. I am so ready to end this so I can get on with my life.

good to have all of the paper work for a solid paper trail

life insurance is not a part of the estate so no one can say anything about that

one of the worse parts of estate work is an heir thinking they know it all and how things should be

collect assets, sell everything off, pay his bills, do inheritance tax return, pay any taxes and distribute equally to heirs

sounds like you are doing it all

Customer: replied 1 month ago.
should I do an inheritance tax return if he was a dependent under my taxes.

did you open probate in NC?

Customer: replied 1 month ago.
probate was for under 5000 dollars of assets. A probate wasnt really needed, but the clerk files it as a will.
Oh and Im a disable vet and do not pay nc taxes.

since it is a small estate it qualifies for small estate status

I would contact the court to see if they will require a return since it is so small

do that before paying money to beneficiaries

from what you have said I do not see any problems or liability to worry about

Customer: replied 1 month ago.
thank you and have a wonder day

you are welcome

please rate my advice

while I do not do this for the ratings, my compensation is tied to the rating system

thank you

Michael Bradley and 3 other Legal Specialists are ready to help you