Legal Question in Wills and Trusts in North Carolina

Well, its nice that you wish to honor mother's wishes, but that is why people have wills. If there is no will, then her wishes are moot and if she did not care about her husband enough to make a will then neither should you.

You do not indicate how the home is owned but I assume that it was solely in your mother's name. If that is the case, the house would have passed to you automatically by operation of law as of the moment of death. In that case, you would be solely liable for the insurance, maintenance and taxes. If you want to let the man live there, its up to you. So you already have a stake in the home. I would suggest though that you look up the deed to the home to confirm that it was titled solely in your mother's name and that it passed to you and any siblings.

You indicate your father pre-deceased your mother. It sounds like that there was a medical malpractice or wrongful death action pending between your father/your father's estate and this medical clinic. I do not understand why the university would have a claim against the home. If this for an unpaid medical bill?

The rule in NC is that if a person. like your father, has unpaid medical bills, then if he or his estate did not pay, then your mother would be liable. If she did not pay then the claim would be against her estate. However, what assets are in her probate estate? The house passes outside of probate but if there are bills, then the house can be re-claimed by the estate and sold to pay off any claims.

What you propose is wrong. You cannot file a lien against the home. You already own a part of the home and have a duty to pay for the insurance, taxes and maintenance. And you have no agreement with anyone so why would you charge interest? And why would any alleged claim of yours take precedence over the university? This makes no sense.

As I stated, if the house was solely in the name of your mother (and it would be if your father predeceased your mother), then the house passed to you and your siblings. How much are the medical bills? What is the home worth? The solution is for you and your siblings to pay for the maintenance, insurance and taxes on the home. If you want to allow husband 2 to live there and charge some rent or no rent. up to you. I would figure out how much is owed on the medical claim and have you and your siblings add enough money into the estate to pay off any priority bills and any other medical bills or claims. I would settle the medical debts if there is not enough money. The most you would have to add is up to the equity value of the house or an amount needed to satisfy any claims.

Since your sister is the executor, I suggest that she sit down with a probate attorney who can determine what is really going on here and see what claims there will be against the home and how much equity is in the home. If you and your siblings can come up with some money, perhaps that can be used to resolve the claims, your mother's husband can live in the house and you and your siblings can recoup expenses and sell the home when the man dies. Or perhaps you or your siblings can buy the home from the estate. Failing that, the home may have to be sold. Heirs cannot retain assets and defraud creditors and that is what you are proposing.