Legal Question in Wills and Trusts in North Carolina

You leave out a whole lot of information. Any lawyer would need to see the estate file to know what is going on.

You state that grandmother died without a will and that she had one surviving child, your father. Did the grandmother have a spouse who was living at the time of her death? Were there other children of your grandmother (your aunts and uncles) who died before your grandmother? Did those aunts and uncles have children of their own?

Its important to know this.

In answering you, I am going to assume that your grandmother and father were both residents of NC. I will assume that grandmother had no husband who survived her and that your father was the only child period. In that case, your father would inherit everything your grandmother owned.

When a personal representative dies before the estate administration is finished, then if there is a will, the next person named in the will becomes the personal representative and would apply to the court. Since there is no will and grandmother had no other children, an application can be made by anyone, including you to complete the administration of her estate.

Once the administration of grandmother's estate is complete, the assets would be transferred to your father's estate if he is the only child. Obviously if grandmother had other children who died but left other children, these grandchildren would inherit the share of their deceased parent.

Since your father had a will (I am assuming it was a valid will), then what are your father's circumstances? Did he have a surviving spouse at the time of his death? How many children did your father have besides you? Without looking at his will, I don't know what he meant by administering. That is not the term used by lawyers but your father may have had a do-it-yourself will. Any lawyer would need to see his will. Your father could only appoint an administrator over his estate, not your grandmother's estate so this part may be invalid if that is what your father tried to do.

Your father's assets would pass as per his will. If your father had a wife, she could file for an election if the will did not make adequate provision for her and a yearly allowance. If your father's will would be invalid for any reason, then your father's assets would pass 1/3 to any spouse and 2/3 to any children (if there are 2 or more children).

You mention "heir property." This would only make sense if you are referring to something your grandmother owned at the time of her death, like a home. The rest of your post refers to other heirs. Your father could not have been your grandmother's only child if there are other heirs. What you need to do is draw a little diagram:

grandmother--grandfather

l

l------------------------------------------l

your father--your mother any other children (name them)

l l

you------any other siblings (name them) any other children of your aunts and uncles

draw an x through anyone who died regardless of when they died.

anyone who is not x'd out is an heir of your grandmother.

Court clerks should not be giving out legal advice. By insuring the land any paying any taxes, that does not give you any superior rights over any one else. This is a big mistake. Before you make a big mistake I suggest that you pay a probate attorney who practices in the county/state where your grandmother and father lived at the time of their deaths.

If their are multiple heirs to the grandmother's property, those heirs equally own the house with you. They have an equal right to live there. You do not get to live in the home rent free. The home has a rental value and the other heirs would be entitled to a portion of the rent, just as they would have an equal obligation to share in the taxes, insurance and maintenance. Before you start living there and paying for things, you need to do one of the following:

(1) find out how many other heirs there are and buy out their shares such that you will be the sole owner if you want to live there; or find out how many other there are and have them buy you out if they want to live there;

OR

(2) try to buy out as many heirs as are willing to sell to you. Once you have narrowed this down, enter into some kind of agreement with the others. The agreement needs to be in writing and signed by you and the heirs stating that you can live in the home and have sole possession of the home with their permission and that you do not have to pay rent and that they do not have to pay the taxes, insurance and upkeep and that neither of you has claims against the other.

OR

(3) if you all can agree to sell the home or rent the home that would be ok but all of you have to sign everything. If you are going to keep the property as rental property, I suggest forming some kind of family partnership or trust and having one of you be the hands on day-to-day manager.

I think I have answered your question. You are one of several heirs and do not have the right to exclusive possession. So the other heirs could move in if they have a mind to do so. Which is why I suggest that you see an attorney and arrange to buy out the shares of the others so that you will own the land. If they sign a quitclaim deed transferring their share of the land to you then they no longer own the land and no longer have a right to be there.

If probate is all concluded, then a real estate lawyer could help with the quitclaim deeds, but I think you need to see a probate lawyer.