Wilmington, NC asked in Probate for North Carolina

Q: Dad died in 2016. His will says the home is mine but his wife has lifetime rights to live there.What happens to the deed

The will was probated 6 months ago but I dont understand what my rights or obligations are now to the property. My step mother says she doesn't know either. Frustrating for me. She is the executor.

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1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Estate Planning Lawyer
  • Fowlerville, MI

A: If she is the executor and claims she doesn't know, she needs to get a local attorney to help her ASAP. The deed needs to be transferred from your father's name to whomever the will states and in whatever form it requires. The will hasn't been 'probated' if these things are still undone.

YOU also need to talk to a local real estate attorney to determine what your rights and responsibilities are. I won't go into details because it is unclear exactly what form (if any!) your 'remainder' interest is in. Bring the will and the deed (s) that have been recorded to a local attorney to get real advice!

Don't delay -- seek local legal help ASAP.

1 user found this answer helpful

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