Hendersonville, NC asked in Divorce and Real Estate Law for North Carolina

Q: Both parents are on the deed. They are divorced but father dies, I'm the only heir, does my mother have rights to home?

In the divorce decree it states, she will sign over at will. No where in the decree that it states is she entitled to or awarded to the estate. She doesn't live in the country and she's not a citizen of the United States.

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

A: This is a cop-out of an answer, but you would need to speak to local real estate attorney on this issue, as they would need to look at the specific language on the deed and the divorce filings. I'm not sure there is an easy answer with mom being out of the country (her citizenship status shouldn't play a role).

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