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Subject:
Wills-Estates
Category: Miscellaneous Asked by: chrisg93-ga List Price: $25.00 |
Posted:
04 Nov 2002 10:15 PST
Expires: 04 Dec 2002 10:15 PST Question ID: 98385 |
My mother died and willed her house to me and my brother and sister. My brother was named Executor. Three days after the funeral, I visited my mothers empty house. My brother objected and called the police. The policeman threatened me with arrest for trespass based on my brother objecting to my presence and the fact he is Executor. The will was the standard, simple kind of will with all standard provisions in North Carolina but it did contain a line that said " I hereby grant to my executor the continuing, absolute power to deal with any property as freely as I might in the handling of my own affairs". Does he have the right to keep me off the property? Don't I have a property right and access right the same a my brother and sister? |
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Subject:
Re: Wills-Estates
Answered By: belindalevez-ga on 04 Nov 2002 11:51 PST |
<During probate it is the executors job to manage all the property of the decedent until all debts and taxes have been paid. He is therefore be responsible for securing the family home. Although you are named in the will as a beneficiary, you will not receive your share of the house until probate is completed. It is perfectly reasonable for the executor to keep people out of the house to guard against theft or vandalism. Once the title of the house has been transferred you will be a co-tenant with your brother and sister. The link given below to co-ownership and condominium will take you to a site where the legal issues surrounding co-ownership are explained.> <Additional links.> <Will - Property distribution .> <http://familyestate.com/main/property.html> <Common questions wills.> <http://www.prairielaw.com/articles/article.asp?articleid=1361&channelId=28> <When a loved one dies.> <http://www.butzinmarchant.com/butzinmarchant/page.asp?p=when> <How the transfer of property is handled.> <http://www.landtitle.com/services/title/transfer.asp?a=4&b=3> <Co-ownership and condominium.> <http://encyclo.findlaw.com/1400book.pdf> <Search strategy:> <"transfer of title" probate> <://www.google.com/search?hl=en&lr=&ie=ISO-8859-1&q=%22transfer+of+title%22+probate> <will "property distribution"> <://www.google.com/search?hl=en&lr=&ie=ISO-8859-1&q=will+%22property+distribution%22> <Hope this helps.> |
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