Legal Question in Wills and Trusts in North Carolina

You indicate that "someone" signed a deed. Only the property owner can sign the deed UNLESS the someone who signed had a general financial power of attorney for the property owner or was a guardian of the property.

You also indicate that the person who owned the land had a stroke. Even though he or she had a stroke, was the person mentally incapacitated?

Also, what were the circumstances here surrounding the transfer? Was any money paid for the land? If not, why was the land given to the step-son? Was there any fraud or undue influence?

If the person who owned the land was not mentally competent and the person who signed did not have authority, like a power of attorney or guardianship, then the stepson may have problems.

The biological daughter did not have to be apprised of the transfer. Nor is it relevant as to how long the step-son had the property. The question is going to be whether the person who owned signed the deed or whether someone else lawfully signed the deed using a power of attorney or guardianship. It will also depend on mental competency and if someone else signed whether the transaction was in the property owner's best interests. This is particularly true if land was just given away.

The daughter does not file a contest. But she may bring a quiet title action or seek to impose a constructive trust on the property if she has any questions.