Legal Question in Wills and Trusts in North Carolina

My father's (who passed away July 2010) house was on his mother's land (my grandmother who is also deceased) but know the land is in someone else's name does that mean they own his house now also? What about my father's stuff that was in the house and garages?


Asked on 12/05/11, 8:53 pm

1 Answer from Attorneys

The house is attached to the land. How is it that your father was permitted to have a house on your grandmother's land without getting ownership of the land?

Whose name is on the deed? If it is your grandmother, did she have a will? If not, then her property would pass by the intestacy laws of the state where she lived at the time of her death. Assuming that your grandmother was not married at the time of her death, then her property would have passed to all of her children, including your father. How many other siblings are there? how much land is there?

Your father's assets also would pass as per your father's will or as per the intestacy laws. How many siblings do you have?

The logical thing would be to subdivide your grandmother's land and give each of your grandmother's children a parcel, if its possible, or agree to carve out the parcel on which your father's home sits. If the siblings are not willing to do this, then any of you could bring what is called a partition action and ask the court to divide up or sell the land.

Regarding your father's personal possessions, these would pass as per his will or via intestacy. Nobody other than your father's heirs gets the personal property.

Read more
Answered on 12/05/11, 11:21 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in North Carolina