Fayetteville, NC asked in Estate Planning and Probate for North Carolina

Q: NC I live in the home with my parents. The mortgage is in my father name. How do make sure I can keep my parents house

If my father should pass away. Will quitclaim work?

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

A: Who is on the mortgage is irrelevant - that's just who is obligated to pay for the house - not necessarily who owns it. Whether you get your parents house depends on whether whoever owns the house wants you to have it. For example, if the deed to the house is in your parents names and they both die and in their will they leave the house to someone else - you are outta luck. Or let's say your parents divorce, your father gets the house and remarries then your father dies and in his will he leaves the house to his new wife - you are outta luck. So to make sure you get the house, you need to be either on the deed, in line as the sole inheritor under intestate succession or the sole inheritor under a will.

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