Legal Question in Wills and Trusts in North Carolina
Father's death without a will
My father died without a will. The house was joint with him and my mother. Can she sell the house without the children's permission? (3 grown children). Also, had a some stock is his name alone. Can mother sell that without the children's permission?
Thank you very much.
1 Answer from Attorneys
Re: Father's death without a will
If the house was held in both their names, the general rule would be that your mother owns the entire house now and can sell it. The exception would be if the deed into them specified "as tenants in common"
The stock in his name alone is probably a little more complicated. Even if you father's name is the only one on it, it may be payable on death to your mother. If not, then she might not be able to sell it right away, but even if she had to open up an estate she would still be entitled to the first $30,000.00 before splitting hte rest with the children.
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