Legal Question in Wills and Trusts in North Carolina
If there is a step-grandmother and grandpa is dead, and she is in an assisted living home and has said she will never go back to the house, and there are 3 siblings wanting to rescue the house from further decay(leaking basement) and she is letting the other(her) side of the family handle it until her death, what are our options?
1 Answer from Attorneys
I assume step-grandmother lived in NC and that step-grandmother and grandfather owned NC real property as a tenancy by the entireties. If so, then when grandfather died, the house went to his wife, stepgrandmother, outright, unless he had some kind of trust or left her a life-estate. If a life estate, then the remaindermen who are to get the house upon her death can sue for waste. If a trust, then the successor trustee may be able to step in.
If the house went to her outright, does the stepgrandmother have a power of attorney for finances and property? Is so, that person can handle the house.
Otherwise, unless you get appointed as the guardian of her property, I am not sure that anything can be done. Do not let a public guardian get involved if possible. They will sell the home.