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Q: Wills-Estates ( Answered,   0 Comments )
Question  
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?
Answer  
Subject: Re: Wills-Estates
Answered By: belindalevez-ga on 04 Nov 2002 11:51 PST
 
<During probate it is the executor’s 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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