Legal Question in Wills and Trusts in North Carolina
my husband recently died and now the step children want me out of the house my question is do the step children have to right to tell the surviving spouse to move?
2 Answers from Attorneys
Not enough information - speak with an estate attorney in your area.
If you are on the deed, certainly not. If he didn't have a will and he owned the property, no. Otherwise, need more information.
- Jeff
First, how is the land titled? Second, did your husband die with a will? Third, did you have an children with your spouse or did he solely have children from a prior marriage or relationship? If If there is a will and it did not adequately provide for you, you may also have a right to claim an elective shaere of the property. The answers to these questions will depend on what part of the estate you are entitled to.
I suggest that you see a probate lawyer immediately before you decide to move from the home. Take the will, if any. You might also want to learn how the land was titled and bring a copy of the deed. For all you know, you may have a life estate in the land or you may own the land outright, but it is not possible to know unless these documents are reviewed or more information is provided.