Legal Question in Wills and Trusts in North Carolina

My father died in 1994. His will reads that my mother has life time rights to the home and farm until her death then it passes to the four children. My question is--What are my mother's rights? Can she sell any of the land. One of the four children wants to build a house and would like a lot. Can she sell a small lot to him?


Asked on 5/03/12, 6:52 am

1 Answer from Attorneys

Your mother has what is called a life estate. That is she can manage the property up until the time of her death. She can rent it out to others for as long as she lives (unless the will has other restrictions about this). She can keep the rent but has to pay for the taxes, mortgage, if any, insurance and upkeep. She cannot allow the property to fall into disrepair.

Your mother cannot sell the home unless all of the remaindermen (the 4 children) agree to the sale.

Your mother needs to see a real estate lawyer about this to arrange for the conveyance of a lot. Its not a good idea for 4 children to all own land and that's going to happen when your mother dies. While your mother is alive and you are all in agreement, you might want to discuss subdividing the entire property into 4 parcels. Your mother can retain her life estate in the parcel where she resides and the other 3 parcels could be given/sold to the other children now.

However, I don't know your mother's age or circumstances and whether she can make a gift like this or if she gets Medicaid (Medicaid is not Medicare) assistance. Your mother also needs to discuss her estate planning needs with an estate planning lawyer to see what makes the most sense for her.

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Answered on 5/03/12, 10:25 am


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