Legal Question in Wills and Trusts in North Carolina

What does it mean that your aunt was a "ward of the state"?

How was the property that your aunt owned titled? Did she own as a tenant in common with your father or as joint tenants with right of survivorship? Is the land located in NC?

Assuming that the land is in NC, then go to the register of deeds in the county where the land is located and get a copy of the deed. Unless there are words to the effect that your father and aunt owned as joint tenants with a right of survivorship, then they owned as tenants in common.

If there was a joint tenancy with right of survivorship, then your aunt's share of the land passed to your father automatically upon your aunt's death and you would only need to worry about probating an estate for your father.

If your father and aunt owned as tenants in common, it becomes more problematic. Your aunt's share of the property would pass through probate and would ultimately be distributed to your aunt's beneficiaries or heirs. Did your aunt have a will? If so, what did it say about who gets the property? If not, who would be her heirs - these would include her children, spouse, parents, or other siblings, if any. However, you claim your aunt to be a ward of the state. Does this mean that she received Medicaid? If so, then an estate has to be probated and Medicaid is mandated by law to seek recovery. Which means that your aunt's half of the land may need sold.

Your father's share of the land would pass through your father's estate. Did your father have a will? If so, what did it say about the land? Where did he live at the time of his death? Did he have a surviving spouse?

If your father and aunt both lived in NC, then I would talk to a probate attorney who practices in the county where the land is located or where your father resided. I would pay the probate attorney to review the deed to the land and any wills by your father or aunt. I would speak to the attorney regarding the probate of an estate for your father. If you are the only living relative of your aunt, then an estate will have to be probated for her - however, if she had other closer relatives, then this would be their problem.

If you want the land and if your aunt's estate needs the money to pay off Medicaid or other creditors, then it would make sense for your father's heirs to buy the aunt's share of the land and pay the money to her estate.