What rights does an executor/beneficiary have?

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What rights does an executor/beneficiary have?

I have lived in this house for 12 years as my mother’s primary caregiver. I came home to care for her 11 years ago until her death about 2 years ago. She willed her home to my brother and I (he lives in another state). The home is paid for. My brother is attempting to kick me out but hasn’t paid any taxes since her death; I have paid all taxes since then. I am sick and not working now. All her debts are paid. Had I not paid taxes home would have been forelosed on. Can he evict me without having paid taxes? Not one minute of assist from him to help me care for our mother. He says that I must be out next week and he is having the power cut. Are we not required by law to split everything 50/50? He petitioned for executor status; the house is in probate.

Asked on April 15, 2013 under Estate Planning, North Carolina

Answers:

Victor Waid / Law Office of Victor Waid

Answered 8 years ago | Contributor

Obtain the assistance of a probate lawyer to represent you in the probate proceeding to file an opposition to your brother from taking any action regards you or the property, until the court orders a sale of the property; you will also want to make a creditor's claim against the estate for any monies you have spent for maintaining the estate so you can be paid from the estate prior to any division of the property; the court will order a sale of the property and split50/50.


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