Pink Hill, NC asked in Estate Planning, Landlord - Tenant and Probate for North Carolina

Q: In NC in a second marriage, if spouse passes away and it was his house, can his children make you move or do you have

Lifetime rights?

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

A: Depends on whether there was will or not. If there was no will, the property will pass thru intestate succession laws. Who gets what depends on what family members there are and what there relationship to your spouse was. Even with a will, you can not be disinherited entirely in NC, so the bottom line is you likely have at least a 1/3 interest in the property and the children can not legally make you move without court involvement. However, unless there is a will that grant's a life estate you likely do not have 'lifetime rights'. There are lots of factors that go into determining exactly who gets what so your best bet is to consult with a local attorney who can review your specific situation in detail and lay out you options for you. Best of luck.

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