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


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. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.