Legal Question in Wills and Trusts in North Carolina
My granddad willed me his property and my dad and his siblings are wanting me to remove my name so they can rent the property. What should I do?
1 Answer from Attorneys
If your grandfather has died and the property was left to you solely, then you can do what you want with it. You can sell it, give it away or rent it out yourself. You have to live with your family of course, but DO NOT take your name off of the property.
If you were willed the property along with another person, then you and the other person have to jointly agree. If you want to rent it out and the other person does took, then you both need to sign any lease agreements and decide what will happen with the rent. If you disagree with the other person, then the remedy is for the one who wants the land to buy out the share of the other person. If neither party is willing to buy out the other, then either property owner can seek partition of the real property.
If your dad and his siblings are so keen on getting the property, then you can agree to sell them your share. If you own 100%, then you sell them 100%. Get the property appraised. If your dad and his siblings don't like it, then there is not much they can do unless their names are also on the property.
What I would do is take the will and deed to a real estate litigation attorney in the county/state where the land is located and have the documents reviewed and get advised as to your best options.
Related Questions & Answers
-
Should I regester my will with the court and if so how? Asked 10/09/11, 12:37 pm in United States North Carolina Probate, Trusts, Wills & Estates