Q: My Dad owned heir property in NC with several other siblings. Since he is deceased, does my Mom own his full share?
There is a court document where my Mom is a petitioner and is listed as my Dad's widow. The remaining heir property was divided equally amongst all of my Dad's siblings and their spouses. My Mom wants to give me her share, but I have other siblings. Is she legally able to sign everything over to me, or would I have to get "buy in" from all other siblings? I'm not clear as to whether she legally owns my Dad's full share or not. How can I be sure?
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A: She probably owns either 1/2 or 1/3. You need an attorney to perform a title search and draft that Deed. And you will need the all heirs-at- law to convey their interests to you. An Affidavit of Heirship should probably be recorded which serves as the source of title for the Deed.
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