Q: My daughter’s boyfriend died in car accident. been together 10 yrs. live in NC. he had no will. He owns their home.
How long may she (and their 2 sons) legally remain in the home when family goes into probate?
A: If the home is in his name alone then it is going to pass to his heirs after the probate process is completed. That means it is going to go to his blood line according to the NC intestate statute. In this case it will go to his/their children but if they are under 18 then their mom will most likely be in control of the property until they reach the age of majority. It can be more complicated if there are debts in the deceased's estate so I would consult an estate administration attorney for a definite answer.
Nina Whitehurst agrees with this answer
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