If a father suddenly passes away and leaves one son as executor to his Trust, can he keep his other brother and sister out or off the property?

Can his brother contest the Will if he was left out in any way?

Asked on April 22, 2015 under Estate Planning, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

I am so sorry for your loss.  Is there a Will or a Trust or both?  The Will names an Executor and a Trust names a Trustee. If the property is in the Trust the trustee can limit access if it is reasonable.  Not beuase he is vindictive.  Same goes for the Executor.  When you say "his brother" do you mean Dad's brother, your uncle?  He has no legal right to inherit under the law once you kids were born unless he owns property wth him, has a separate contract that can be enforced, etc.  Get legal help.  Good luck. 


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