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

Answers:

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.


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.