How do you get property that was willed to you from the executor if they do not want to cooperate?

UPDATED: Oct 22, 2014

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 22, 2014Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How do you get property that was willed to you from the executor if they do not want to cooperate?

A friend of mine’s father died last year. In his Will, he left my friend a car. He was not at the reading of the Will and his stepmother, the person in charge of the left belongings, is not releasing the car to him. We called the Estates Division in that county and they informed us that the Will was never registered, even after1 1/2 years. How can we legally receive a copy of the Will to get his property?

Asked on October 22, 2014 under Estate Planning, North Carolina


Christine Socrates / Christine Sabio Socrates, Atty at Law

Answered 8 years ago | Contributor

It is a difficult situation if a will is never probated.  It is possible that the a new will was executed or there were no assets to probate.  Assets that are jointly owned, or have a beneficiary designation or a payable on death designation DO NOT go through probate and can pass to the beneficiary or joint owner.  A surviving spouse may transfer a vehicle to herself outside of probate, which is probably what happed in your friend's case.  

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 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption