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Who handles distribution of an estate?

Durham, NC |

Hello! After 18 months and some persuasion from my attorney, I finally received a final account from my Aunt's estate. It says "Distributed to" and an amount beside my name and the other two beneficiaries.
• Who distributes this? The executor or the attorney? I haven't received anything.
• If there are personal items that are to be distributed, who does that and will someone have that list? I'm very nervous if it's the executor's responsibility. He hasn't been in contact with any family members since her passing.
• Last question (I promise), there is a condo that is to be put up for sale, until it's sold, I'm required to pay 30% of the mortgage/fees. Any idea how that works or if I'd be allowed to get a key to go in/clean, etc.? Executor (non-family member) has been living in unit.

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Attorney answers 2


Wow, you really need an estate attorney to protect your interests here. The executor is the one who handles these things with the assistance of counsel. If you do not trust the executor then get your attorney to review everything and pose these questions to the executor and his counsel.
The non-family executor is living in the unit? I hope he is paying rent. Is he also claiming an executor fee. You really need to get your attorney to question this stuff because it does not sound to good to me.

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Thanks. He has not paid rent. All bills were paid from the estate's account according to the records on the final account. That's what I was afraid of. It says I am due funds but haven't heard from the executor or the counsel handling the estate. He (executor) apparently says that personal property belonging to heirs is going to go in the garage at condo, although no one knows of that who is to receive what. I'm really at a loss and my attorney can sometimes be hard to reach. I'd still like to figure out how to handle paying the mortgage,etc. until the condo sales (if he has actually placed on market like he says).


Your summary indicates that you are represented by an attorney already. Difficult to reach or not, attorneys are bound by a code of ethics which prevents an attorney from answering your questions, knowing you already have legal counsel. It is YOUR lawyer that you should be directing these questions to. If you are not happy with your lawyer, then you can fire him/her and get new counsel.

James Frederick

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