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

Q: Hi.There’s a sibling living in the household that won’t pay bills.but everyone else does.can I get a civil order

The home is in my mother and fathers name and both are deceased with now will

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

A: As always, you will get a more accurate and complete answer if you consult with a local attorney who has the time to understand all the facts behind your particular situation. That said, I don't see grounds to get a "civil order" (which isn't really a legal term). If both parents own real property, and then die with no will, the property would pass in some fashion to the children. this creates a fairly messy situation as this sibling would appear to have some ownership interest in the property.

Therefore, this sibling would have a right to live in the house, and I don't see a mechanism to force him/her to start paying bills. You can attempt to buy out their interest, or even file an action for partition, but I don't see how you could have them evicted.

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