Legal Question in Real Estate Law in North Carolina

my father is having heart problems and he is currently married to his 3rd wife. I am his only son if the land they are currently living on was willed generations back to stay in his bloodline how will it pass if i have no deed or will and if his wife out lives him.


Asked on 10/29/13, 7:49 pm

1 Answer from Attorneys

Kenneth Love Ken Love Law

You need to consult with a real estate attorney and your father needs to draw up a will.

The bloodline deed you mentioned is what we call a "fee tail." This is a deed that attempts to keep property in a family forever, and is not permitted under the laws in most states, because when you don't name someone, potentially when a bloodline ends, no one owns the home.

When someone attempts a fee tail, the recipient is given a fee simply absolute or normal ownership of the home with no restriction.

A skilled attorney needs to do a title search and see who actually owns the home.

And if your father wants to ensure what happens with his home, he needs to execute a will.

Read more
Answered on 10/30/13, 6:02 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in North Carolina