What to do about an executor’s conflict of interest?

My aunt owed my mother $125,000 due to an agreement in writing during the refinancing of a house. Shortly after the deadline to repay my mom passed my mother fell ill with brain cancer. Later that year she passed away and my other Aunt was the executor of the estate. She never collected the $125,000 owed to my mother’s estate and refused to go after the money. I have tried to ask my aunt that now owes me half the money, when I will get paid the money she owes me. Do I have any legal recourse? I have some of the documents where the agreement was made that she was to be repaid.

Asked on November 5, 2012 under Bankruptcy Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suggest that you consult with a Wills and trust attorney about making a demand upon your aunt for repayment of the $125,000 owed to the estate plus accrued interest. If she refuses to acknowledge the debt and do the right thing then it would appear that you would have standing to bring a legal action against the aunt regardless of the fact that she is the executrix of your mother's estate.


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