Westfield, NC asked in Real Estate Law, Estate Planning and Probate for North Carolina

Q: My husband n I live in nc. We lgot married4/210 bought the home 7/2010 he carried mortgage he died 2018 my names notdee

Not on deed No will I paid 71,000, 30,000 we paid for do I own the home

3 Lawyer Answers
Angela L. Haas
Angela L. Haas
Answered
  • Estate Planning Lawyer
  • Raleigh, NC
  • Licensed in North Carolina

A: You could file as a creditor to his estate estate, and claim that he was holding it in trust for you, pro-rated to take into account the amount you contributed.

Ben Corcoran
Ben Corcoran
PREMIUM
Answered
  • Estate Planning Lawyer
  • Yadkinville, NC
  • Licensed in North Carolina

A: Without fully delving into your husbands family history and seeing the deed a lawyer cannot give you a full answer to this question. However in NC if you were married at the time of the death to someone without a will, by operation of law much of your husband's property (real estate and other types) passed to you. Speak to a local lawyer to get a more complete answer, and to have documents drawn up to finalize the transfer.

Anthony M. Avery
Anthony M. Avery
PREMIUM
Answered
  • Estate Planning Lawyer
  • Knoxville, TN

A: As a surviving spouse you should own at least a third depending on his kids, if not the fee, as an Heir At Law. You need a competent attorney to examine the title and determine ownership. An Affidavit of Heirhsip might be in order. The Title is probably encumbered by the Deed of Trust, for which apparently you are not personally liable, but will still need to be paid.

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