Greenville, NC asked in Estate Planning, Family Law, Landlord - Tenant and Probate for North Carolina

Q: Deed left to mother an I I’m 2nd she has lifetime rights to home. She can’t sale, what’s my rights or have say so about.

Don’t want here totally either running the place down or trying to totally remodel without any input as it will be mine also. My dad is going to use all his money to repair the place though which is good Mom just has medical issues and can be mean I don’t want her taking total advantage of him neither making him do stuff like he has no rights. And like already stated to me she says I can do anything I want when I want you have no say so until I die like I have no opinion about anything. That may be right but shouldn’t be as again it’s still mybplace to even though I have to wait to see it. Just want to know what day so I have with anything.

1 Lawyer Answer
Amanda Bowden Houser
Amanda Bowden Houser
  • Jacksonville, NC
  • Licensed in North Carolina

A: It sounds like she has a life estate and you have a remainder. if so, your mother is quite right, she gets to do what she wants with the property until she dies or voluntarily gives it up and you basically get what's left over or - the remainder. If you want to make sure there is a remainder worth having, you are likely going about it in the wrong way.

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