Franklin, NC asked in Probate and Estate Planning for North Carolina

Q: I am the executor over my dead mothers land and can my siblings take away what she left me

Several years ago my mom had my ex- husband put up a barb wire fence all the way around the property she was leaving me in the WILL so there wouldn't be a problem after she passed away. Back in 2015 when I had just started dialysis, weighed 80 pounds and honestly felt like I was dying, I could barely sit up. Two of my sisters came to my house, made me come outside to sit on porch so my daughter couldn't hear what was being said and told me that the WILL did not specify which was my land and since our mom had died and I was no longer power of attorney that I lost of the rights, however I am the Executor over the property. I was so sick and after two hours of arguing told them I would go ahead and agree to equal shares, but when got to lawyers office to draw up papers my oldest sister tried to give me less than anyone. I moved over to my mothers and took care of her for 20 years and for that she gave me the most. I want to make sure I sure that I still get what my mom left me.

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2 Lawyer Answers
Amanda Bowden Johnson
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  • Jacksonville, NC
  • Licensed in North Carolina

A: Then don't let your siblings push you around and hire an attorney.

Tim Akpinar and Nina Whitehurst agree with this answer

Ashley Kevitt
Ashley Kevitt
  • Estate Planning Lawyer
  • Chapel Hill, NC

A: The first place to start is to get the original or at least a copy of the Will. If you are the Executor then you are in charge of opening the estate and eventually distributing all of your mother’s assets. The Will will dictate how those assets are to be split and who gets what.

In NC real property (land) goes to all the heirs equally unless something else is said in the Will.

That said, if you signed something agreeing to take less that could change your share.

I would suggest going to a probate/estate administration attorney to move forward.

Tim Akpinar and Nina Whitehurst agree with this answer

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