QUESTION
Who has ownership in a home that was left to one set of children by the parent?
Asked on Aug 03rd, 2011 on Estate Litigation - North Carolina
More details to this question:
My mother remarried and moved into her new husband''s home/farm with no mortgage. They had major loss in 1999 and had to get an $80,000 mortgage. Both names were put on the mortgage and deed of trust. He died in December and her in Januaury. He left all lhis realestate to my mother until her death and then to HIS children and stated the property is not to be sold. Since both names are on the deed of trust, what are our rights as her children?
1 ANSWER
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This is a difficult question to answer based only on the facts that you have provided. A closer review of the wills and the records regarding the home/farm property would be required. There is a chance that your mother's will will control, and will "trump" the language included in your step-father's will regarding who gets the property and whether the property can be sold. I would need to review the underlying documents in order to be able to answer the question more completely.
Answered on Aug 22nd, 2011 at 1:19 PM