The Burdette
Law Firm
Lawyers: Germantown - Memphis, TN.
(901) 756-7878
in Germantown
(901) 756-6433
in Memphis

Answers to general legal questions posed by the general public

by Memphis Attorney Christina Burdette

Q: "In the state of NC my sister wont sign...

papers to allow me to be executor... what do i do i have a lawyer but what happens NOW. i was the sole beneficiary to his life insurance,can this help court wise "

A: Did your father have a last will...

and testament? If he did, and if he named you to serve as executrix, then your sister doesn't have to sign anything to allow you to be executrix. You would take the document to the court in the county where your father lived at the time of his death, present it to the judge, and the judge would appoint you as executrix. If your father died without a last will and testament, also known as dying "intestate," assuming that there is no surviving spouse, you and your siblings stand on equal footing insofar as who has a superior right to serve as admininstratrix of your father's estate. If notice of hearing is given to all siblings and other interested parties, they each will have a chance to step forward and contest your appointment. Ultimately, the judge will decide. Whether you are sole beneficiary to his life insurance proceeds has no bearing on outcome in the probate/chancery court. Life Insurance is a non-probate asset and is dealt with outside of the probate arena.

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