Greenville, NC asked in Estate Planning and Real Estate Law for North Carolina

Q: Life estate was mentioned in a will, but the deed to the property did not. Which one supersedes?

A will was written out 5 years ago and mentions a life estate to the home. However, 3 years ago a new home was purchased, and a life estate was not placed on the deed on the new home. The estate is now closed, and the tax assessors office reviewed the will and only put the name of the heirs on the deed with no mention of life estate still. The issue is the person that was mentioned for life estate is residing in the home. Is this considered a “true life estate” if mentioned in a will and not on a deed to the home?

1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Estate Planning Lawyer
  • Knoxville, TN

A: Apparently the Life Tenant is Adversely Possessing Under Color Of Title against the Remaindermen. After awhile he will own in Fee. Why is a Deed involved when the Probated Will is the source of Title? Who was the Grantor? The Remaindermen can file suit to Quiet Title. What the Tax Assessor says is not an adjudication of Title.

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