Sanford, NC asked in Family Law for North Carolina

Q: My deceased Grandmother has a house left in heirs she has 9 children in total what happens to the house?

My mother moved in the house and been paying the house taxes by herself every since my grandmother passed away the deed to the house is still in my deceased grandmother name what rights do my mother has or can take towards this situation and I also want to know if something would happen to my mom would her children have any rights to the house

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1 Lawyer Answer
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
  • Greensboro, NC
  • Licensed in North Carolina

A: The answer to this question is somewhat tricky and not something I can fully answer without more facts. If the grandmother had a will, the house would pass according to whatever terms the will set forth for the real property. If the grandmother did not have a will, the property would pass as set forth under the laws of intestacy, which control when someone doesn't have a will. Under Intestacy, the property would be divided among and between various family members depending on the specific family tree (for example, was the grandmother's spouse alive at the time of her death).

So there is no way I can really tell you who owns the property right now, but if there was no will then there is a good chance that your mom has a 1/9 interest in the property, or some other fractional interest. Owning 1/9 of a house isn't particularly valuable or helpful to anyone, so all the owners will need to come together and figure out what to do.

Same sort of analysis with your mom - anything real property she owns should be passed down by a will, and if no will is created, then it would pass by intestacy.

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