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.
1 Answer from Attorneys
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.
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