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My father passed on 12/24/11. The executor of the estate (my sister) has yet to move forward on the will. What are my options?

Lumberton, NC |

My sister is the executor of my father's estate. My father left a very clear and detailed will leaving my brothers and sisters and myself various real estate. The taxes have been paid on the real estate and it has been a year. My siblings and I feel that she is dragging things out so she can collect all the proceeds from the farm land. My first question is: What are our options to get our land and my second question is: Are we entitled to view all documents dealing with our father's estate including cost of burial, insurance policy value, farm proceeds, etc.?

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Attorney answers 2


I can't tell from your question whether the will was filed after your father's death, but based on my understanding of your question, you have options. You need an attorney to intervene on your behalf to advise the court what is going on and name a new personal representative to settle the estate. You have a right to see all of the documents and receive an accounting of everything in the estate.



Thank you Cheryl. I didn't think to mention that the will was indeed filed before my father's death. He passed from cancer and did plan ahead of time.

Cheryl K. David

Cheryl K. David


To view this email as a web page, go here.<> Please let us know if we can be of any assistance. Sincerely, Cheryl David [cid:image001.jpg@01CDE409.BE06AEC0] Cheryl K. David, Attorney at Law Certified Estate Planning Law Specialist, National Association of Estate Planners & Councils Law Offices of Cheryl David<><> 528 College Road * Greensboro, NC 27410 Phone: 336.547.9999 * Fax: 336-547-9477 Avvo Attorney Rating<> If we should be helping someone you care about, please don't keep us a secret! Visit our Website<> and Blog<> for more information.


I agree with Attorney David, that you need counsel and that you are entitled, as an interested party, to review the estate's records. That being said, there are assets that pass outside of the estate, such as joint tenancies, POD accounts, etc. You may not be entitled to that information.

** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client relationship. When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Law Offices of Eric J. Gold Telephone: 818-279-2737 Email: service@egoldlaw.con

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