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

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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

Answers:

Christine Socrates / Christine Sabio Socrates, Atty at Law

Answered 7 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.  


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