Legal Question in Wills and Trusts in North Carolina

Has she refinanced the home since you and she married? If not, then you are not on the deed. However, you still have marital rights in the event that your wife passed before you. Might I suggest that you and she make wills? She could leave the house to her children but give you a life estate so that you can live in the home for as long as you choose. She could also make separate provision for you out of her other assets. Do you have a pre-marital or post-marital agreement waiving any rights to each other's estates? If you had such an agreement, your wife could leave the house outright to her children. Failing that, you could renounce any interest in your wife's estate, but you can only do this after her death.

Feel free to contact me if you want a post marital agreement or wills drafted.

Rachel Hunter

Attorney at Law

(678)-687-9693

Admitted in GA, PA & NC

Your wife should consult with an estate attorney. I do want to add that even if your wife refinanced, it does not mean you are on the deed. In order for you to be on the deed, someone must have prepared a deed from your wife as Grantor to you and your wife as Grantee. That can be checked at the Register of Deeds in your county if you are unsure. This may have been done as part of a refinance but would not necessarily have to be done. The other possibility (if your wife refinanced) is that you signed the deed of trust (which is not the same thing) and does not convey any title to you.

- Jeff