Legal Question in Wills and Trusts in North Carolina
My father died when I was very young. My mother died when I was sixteen, and my aunt was made guardian of myself and both my younger sisters. She had control of the estate because at the time we were all juveniles. I am now twenty one years old and need to know if I have the legal right to move into the house even though both my younger sisters are still juveniles. And if so do I have the right to allow my boyfriend of five years to be there also?
1 Answer from Attorneys
I do not have enough information. Just because your aunt was made guardian of yourself and your siblings tells me nothing about who owns this house. Assuming that you own the house solely, then you can move in whomever you want. If not, then if the home is owned jointly with your siblings and their guardian does not consent, then you can't.
I am not judging you and I don't care personally what you do. If you want to get a place to live with the boyfriend, that is one thing. But I don't agree with allowing your boyfriend to freeload by moving into the home if your aunt does not consent to this arrangement.
Is your aunt permitting just you to move into the home? If not and if the home is jointly owned by you and your siblings, then your siblings could buy out your share of the home or you could seek partition.
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