Legal Question in Wills and Trusts in North Carolina
as an execator of an estate do i have the right to sell or grant easements on the joint owned property if the spouse is in a nursing home and is incognitive?
Asked on 9/23/12, 5:41 pm
1 Answer from Attorneys
No. When a person dies, title to land passes to the surviving heir or beneficiary. If the heir/beneficiary is incompetent, then that person needs a guardian appointed unless they have a financial and healthcare power of attorney. The agent under the financial power of attorney, depending on how the power of attorney is worded, would be the one to grant easements or buy/sell/lease land. The only exception would be if the will provided otherwise and it was necessary to sell the land to pay debts of the estate. Otherwise, permission from the court would have to be sought.
Answered on 9/24/12, 11:32 pm
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