Regarding the estate administrator not acting in good intent and transparent

UPDATED: Sep 30, 2022

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Regarding the estate administrator not acting in good intent and transparent

The administrator of my father’s estatealso his second spouse is not being transparent as she is not ready to share any documents regarding the accounts that she claim to be jointly held with my father . For instance my father’s safe deposit box. We have requested her multiple times to show us the evidence that if it was jointly held was it with Right of survivorship or not ?
What can be done in this case ?

Similarly she claimed initially that their was no beneficiary assigned to my father’s 401k but now states that she is the sole beneficiary . Again she is not ready to show any documents that prove that .

Asked on April 17, 2017 under Estate Planning, North Carolina


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can file a petition with the probate court to have the estate administrator removed and a successor appointed. The actions or inactions of the current estate administrator are clearly grounds for removal and appointment of a successor as administrator.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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