Blackwood, NJ asked in Probate for North Carolina

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?

Related Topics:
1 Lawyer Answer
Ashley Kevitt
Ashley Kevitt
  • Probate Lawyer
  • Chapel Hill, NC

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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.