Legal Question in Wills and Trusts in North Carolina
Estate Law
A woman's husband died without a Will. They were married for 18 years. Once married, she moved into the house which he lived in with his first wife (deceased) and raised their 9 children. A second mortgage was taken on the house before he died. They were both on a fixed income. What are her rights in regard to the house? The stepchildren think she was left with a lifetime right to live in the house until death. Even though the deed only had her husband's name on it, does she have ownership of the house or does she share ownership with the living stepchildren?
1 Answer from Attorneys
Re: Estate Law
In Maryland there is a spousal election which enables the surviving spouse to take a share of the estate. A spousal share occurs whether there is or is not a Last Will and Testament. The property of the estate will be determined based upon deeds and interests that the living person had. A beneficiary cannot take a greater right than that of the living person. I would need to see further information to advise you.
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