Legal Question in Wills and Trusts in North Carolina

Of course I would have to see the will and the deed to the property. Regarding the property, if the mother had life-time rights, then someone else would inherit the property upon death, either as specified in the will of the person who owned the land or by outright conveyance of the deed. If your husband was a remainderman on the property, then you husband's share would pass to your husband's heirs/beneficiaries at the death of the mother.

The problem here seems to be that this land was passed by father's will and you do not indicate when your husband died. Was it after his father? How exactly does the father's will read? If there is something in the will which reads "I leave my land, Blackacre, to my children, but allow wife to reside therein for the rest of her life. If any of my children are not living at the time of my wife's death, then the share of such deceased child shall pass proportionately to my other surviving children." If there is something, then your husband's share would pass to his or her siblings and not pass to his family. I am sure that if this was the family farm that the family wants to maintain control of the land and not have it pass to others.

If the will is silent though, then your husband's share should pass to his children. I suggest that you take the father's will and any deed to the property to a probate attorney who practices in the county/state where the land is located. You should also bring any other will for your husband or a list of his beneficiaries. Pay the attorney to review and confirm whether your children will inherit or not.