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?


Asked on 1/29/11, 6:15 pm

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.

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Answered on 2/02/11, 9:52 am


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