Asked in Estate Planning for North Carolina

Q: Grandmother died in NC. I currently live in Ontario, Canada -- was told can't act as Exec. of will from here. True?

Lawyer in charge of family trust in NC wants me to sign a Renunciation of Right to Qualify for Letters Testamentary or Letters of Administration renouncing my right to administor my grandmother's estate as her chosen Executor and appoint him as administor of estate because he states as I am living out of the country, regardless I have always been US Citizen, I cannot legally do so because I do not currently live in NC. Also, eventhough I had physically taken my grandmother to his office several times and know he was aware of my address and phone numbers, the lawyer had himself listed as my grandmother's Emergency Contact at nursing facility where she died, did not alert me he was doing so, and did not inform me when she died. I found out over a month later.

Should I sign Renunciation?

Related Topics:
1 Lawyer Answer
  • Estate Planning Lawyer
  • Cary, NC
  • Licenced in North Carolina

A: It does not matter if you are a US citizen or not. What matters is where you are living. If you are not living in the US then you will not be able to administer an estate as the executor. Non-resident agents can serve but you would have to appoint a resident agent in NC and no attorney is going to want to be your registered agent.

I don't understand what the fuss is. The personal representative's job is to find out what assets your grandmother owned, what debts she owed, pay her just debts and then distribute what is left to the beneficiaries named in the will. All you would be giving up is the right to do that; you are not giving up any inheritance by renouncing.

However, I am somewhat concerned regarding the attorney. I don't understand exactly why the attorney was...

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