Legal Question in Wills and Trusts in North Carolina
My mother and her sister inherited my grandparents house with a stipulation that if the home was sold the money is to be split between my mother her sister and two other siblings. My question is can my mother turn her part of the inheritance over to me while she is still living.
Thanks,
Tabitha
1 Answer from Attorneys
Tabitha,
I would have to see the will and/or deed to see exactly how it reads. If the land was left to your mother and her siblings as tenants in common, then yes, your mother could convey her share to someone else. Do you really want those headaches though? You and the siblings would have to agree as to what to do with the property. You and the siblings would have to agree on how to pay for things like maintenance, insurance and taxes.
The best thing to do if your mother does not want it is for the two other siblings to buy out the share of your mother. The siblings and your mother need to have the property appraised so that the value can be fairly determined.
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