Legal Question in Real Estate Law in North Carolina

A life estate is only the right to use property for his natural life. I don't know who the remainderman is, but the logical thing would be to get your brother-in-law to convey his life estate to the remainder tenant.

There are many people find services or private detection agencies who will locate missing heirs. I suggest hiring one and locating your brother-in-law. If he refuses to sign, then a life tenant is not allowed to commit waste and the heirs can bring an action against him.

See the NC Statutes below: In such case, you will need to see a litigation attorney.

� 1‑534. For and against whom action lies.

In all cases of waste, an action lies in the appropriate trial division of the General Court of Justice at the instance of him in whom the right is, against all persons committing the waste, as well tenant for term of life as tenant for term of years and guardians.

� 1‑538. Judgment for treble damages and possession.

In all cases of waste, when judgment is against the defendant, the court may give judgment for treble the amount of the damages assessed by the jury, and also that the plaintiff recover the place wasted, if the damages are not paid on or before a day to be named in the judgment.