Legal Question in Wills and Trusts in North Carolina

Dear Sirs,

My question is as follows.

I received an inheritance of a "fee tail" estate in North Carolina. It was initiated a long time ago. Is there a legal procedure allowing me to sell such an estate? if yes, what is the procedure, please.? And where can I get more information on the possibilities of renting such an estate if sale is impossible?

Thank you


Asked on 7/19/10, 2:34 am

1 Answer from Attorneys

Fee tail estates were converted into fee simple estates. See N.C. G.S. � 41‑1 which says "Every person seized of an estate in tail shall be deemed to be seized of the same in fee simple."

Fee tails and fee simples come from old English law. Fee tails were originally limited to heirs of the body. Fee simple absolute means that anyone can get the land regardless of whether they ar a biological heir or not. And the holder of a fee simple can do whatever the heck he/she wants with the land.

Did you actually receive the inheritance? Was a new deed ever done? If not, when you go to sell the land, you will have to bring the old deed and/or the will creating a fee tail in the land to the attorney.

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Answered on 7/19/10, 5:37 pm


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