If my mother passed away 5 years ago leaving my brother executor of her estate but he died before finishing the job, how do I make myself legally responsible?

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If my mother passed away 5 years ago leaving my brother executor of her estate but he died before finishing the job, how do I make myself legally responsible?

He went to probate a year later and the case number has been closed. My brother just passed away before finishing that job (still mom’s house with things in it and I don’t even know, etc.). I am named in will as the next to be executor/trustee. I just want to finish distributing and wrapping up the estate. My brother did not communicate well with us re: all of these things (I just got a copy of the Will and Trust agreement in the mail from his girlfriend who is “renting” the house now (with all furniture and legal papers still in it). I don’t even know where to go to get this rolling in the right direct

Asked on March 10, 2015 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 situation. You need to determine why the estate was closed before it was properly probated. Given that you are named as sucessor executor if he could not serve you can be subsituted.  But you are going to need help here especially becuase of the "squatter" in the house.  Good luck.


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