Legal Question in Wills and Trusts in North Carolina
Who Gets The House?
My Mom recently passed away. It was her intention that her children get her house. In her will it states that her house is left to her surviving children. However. The house loans and mortgage papers are in her and my Stepdad's name. Doesn't that mean that the house goes to him or do we at least get half? He wants to now sell the house but who should take care of that process? Him? Me and My sister? Just not sure what needs to be done.
1 Answer from Attorneys
Re: Who Gets The House?
As far as who owns the property, it depends who is on the deed. The deed is what is important, not the deed of trust (which secures the house for the Lender). If your stepfather and mother are on the deed as husband and wife (and were still married when your mother passed away), then your stepfather owns the property. If the property is only in your mother's name, then it can pass by the will. There are other possibilities as well depending on the circumstances. Consult with a real property attorney in your area.
- Jeff
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