What can we do if my dad passed 14 months ago and made my brother executor of his estate but he has not filed the Will nor followed my dad’s final wishes?

He is reading the Will as he wants to see it.

Asked on September 14, 2015 under Estate Planning, North Carolina


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Sorry to hear about your dad.
If the provisions of the Will provide for removal of the executor and appointment of a successor, those provisions should be followed.
If the Will is silent as to procedures for removal of the executor and the appointment of a successor, you and the other beneficiaries should file a petition with the Probate Court to have your brother removed as executor and have a successor appointed.

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