Legal Question in Real Estate Law in North Carolina

I am one of three heirs to a piece of residential property in NC. One of the heirs is in prison. The prisoner wants to turn the property into a prisoner rehab facility. Needless to say the other two heirs of the property want no part of that. A couple questions. First is does an inmate have the right to inherit property? If so, though I'm fairly certain he can't force us to turn it into a rehab facility, can he force us to sell the property and split it 3 ways?


Asked on 3/08/11, 9:29 am

2 Answers from Attorneys

Brian Jones The Law Office of Brian P. Jones

Nothing prohibits an inmate from inheriting property unless his crime falls under the "Slayer Statutes" i.e. his inheritance is a result of killing the person from whom he is inheriting the property. Any of the beneficiaries can petition for a partition of the property if they cannot agree as to the use. This would create a circumstance where the court might order a forced sale of the property.

A marriage cannot be nullified unless certain acts occurred when you entered into the marriage (such as incapacity, age, etc.) These are what are known as void and voidable marriages. Otherwise, you will have to file for a divorce. Without further facts, I cannot be of much help.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship

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Answered on 3/09/11, 11:40 am
Brian Jones The Law Office of Brian P. Jones

Sorry about the "marriage" advice. That was from an earlier question that I answered, although it may come in handy in the future. Best of luck.

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Answered on 3/09/11, 11:49 am


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