Legal Question in Wills and Trusts in North Carolina

If the new wife was never added to the deed (which you should make sure about by doing a search at the Register of Deeds in the right county), then either the property would pass by will or by intestate succession (which is the way property passes when there is no will). If there is no will, there would be a split between your grandfather's wife and grandfather's children (or their heirs if they are deceased). I can't give you exact percentages because it depends on the individual situation.

If your grandfather died in 1995, did he have a will? Was an estate probated for him? This should have been resolved in your grandfather's estate.

Even though the second wife was not on the deed to the property, when your grandfather died, the second wife may have had marital rights which she could have exercised if your grandfather had a will but did not include her. One of these rights could have been to keep a life estate in the marital home, which means that she could live in the marital home for the rest of her life. Upon her death, it would go to the beneficiaries and would not be an issue or Medicaid purposes. This would only apply if there was a probate and she exercised her rights. If she did not exercise her marital rights and an estate was probated, then the property would pass to the beneficiaries if there was a will or the intestate heirs if there was no will. The second wife would be included in the intestate heirs.

If there was no will and the second wife is not on the deed, then the land will pass to the biological children of your grandfather and the second wife. The split is 50/50 between the wife and one child; if there are 2 or more children then the split is 1/3rd to wife and 2/3rd to the children generally. The share of any children who are deceased would go to the deceased's children and spouse, if any.

The bigger problem is that if there is no will, the second wife would have rights in the property. If she gets Medicaid, this could get dicey - it would be better for those who want the property to buy out the share of the second wife, but I don't know her situation or how she plans to pay for her nursing home stay or her age. She may need to consult with an elder law attorney.

Your grandfather's children should consult with a real estate attorney about getting this property in their name and buying out the share of the second wife before she gets any Medicaid.

However, all this is speculation. In addition to checking the register of deeds' office in the county/state where the land is located, you also need to go the court and check out the probate file. If there is one, then pay a probate attorney in that county/state to review the documents and apprise you of your rights.