Legal Question in Wills and Trusts in North Carolina

I am 72 years old. I know the mortgage on my house will not be paid once I die. Can I still "will" my house to my children giving them the option to either qualify to buy the house OR sell the house and split what's left after they pay off the lender?


Asked on 1/28/11, 12:56 pm

1 Answer from Attorneys

In NC, the heirs will generally inherit the house subject to the mortgage. If they want to keep it, they do not have to qualify or refinance but keep paying for it. Don't will the house to all of the children unless they all want it. Some may or may not want it. You should figure out who does want it and leave it to that child and direct that they buy out the equity value of the shares of their siblings. Or you can provide that the housee will be sold if nobody wants it.

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Answered on 2/02/11, 9:35 am


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