Legal Question in Real Estate Law in North Carolina
The parents die intestate, the siblings cannot agree on the disposition of the family home, so one brother assumes responsibility for the property, paying taxes and upkeep. Can he petition the courts to grant him a deed after 20 years?
Asked on 9/28/13, 5:43 am
1 Answer from Attorneys
Kenneth Love
Ken Love Law
This is a risky proposition. To do this, he needs to do a few things.
First, he needs to exclude all other siblings from the home.
Second, he must possess the home in such a away where the other siblings are aware that he is excluding it.
Finally, he has to hope no one opens an estate or files an action to partition the home and sell it. I would not do this through the backdoor channels. It is best to work out an agreement with all siblings.
Answered on 9/29/13, 4:16 pm
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