What to do if my father passed away over a year ago and named my brother as executor of his Will but my brother has not yet transferred title to the house?

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What to do if my father passed away over a year ago and named my brother as executor of his Will but my brother has not yet transferred title to the house?

My brother says that I am named as co-beneficiary of the house. He, as executor has not transferred title of the house and I do not have a copy of the Will. What are my options?

Asked on July 2, 2014 under Estate Planning, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss and for the problems that have arisen.  Why do you not have a copy of the Will?  You should have been served a copy when your brother applied to be the Executor.  But do not worry because a Will submitted for probate is a public record so you can go and look at the Probate file any time.  And you should.  And if need be you can file a request (a motion or petition) to have the property transferred.  Just make sure all debts are paid and the estate taxes are filed.  Good luck.


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