Legal Question in Wills and Trusts in North Carolina

My gma died in nc with no will. Now the property i live on belongs to my mom and uncle. My uncle wants to sell the land but my mom wants to give me her half so he cant sell it. How can we do this


Asked on 5/30/15, 9:51 am

1 Answer from Attorneys

Your mother and uncle need to agree on what is called a partition of the property. Since your uncle wants to sell, the logical thing would be for your mother and uncle to agree on a purchase price and your mother to buy out the share of your uncle. Or, if the property can be subdivided, let your mother and uncle do that so that they each have their separate parcels. The uncle can then sell if he wishes.

Regarding your mother's conveyance of the land to you, that is easy but there are going to be gift taxes if the land is worth more than $13,000. To avoid this it is better if the land is sold to you and she forgives $13,000 of the debt each year until the amount of the entire property has been conveyed. This is all complicated stuff. She could just also add you to the deed as a joint tenant with right of survivorship so that the land will automatically pass as of the date of death. However, you don't indicate how old your mother is - there ar3e also possible Medicaid issues if your mother is getting up in age.

Your mother is going to need to see a real estate attorney anyway. If your mother does not want to deal with the property at all, she can convey her share to you now and let you deal with your uncle too. But have her see a real estate litigation attorney in the county where the land is located.

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Answered on 5/30/15, 10:53 pm


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