Charlotte, NC asked in Probate for North Carolina

Q: Can a wife sell land and homes owned by husband and his parents before he was married to his first wife, and she is 2nd

He died 2 yrs ago, they have 1 child from separate marriages and 1 child together. My mother in law insists the house we occupy is now hers as she sold the family home. My husbands grandparents and father expressed that husband would get our home which he has been in for 20yrs. Noone else has seen any type of probate or will though his mother claims of one. She was listed on numerous mortgages taken against their home but not listed on deed. She is listed nowhere on our home but its still in her husbands name. She has since moved from being our neighbor and left bills in his name and it took an act of congress to get the electric bill in husbands name and we got stuck with leftover bill from before she sold their home. We now have a death cert by assertion but the home we live in and taxes cant be changed and she states claim to the land we are on and around that was family land before she married into this family. I am afraid she wi;; take a loan on this land and home

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1 Lawyer Answer
Ben Corcoran
Ben Corcoran
  • Probate Lawyer
  • Yadkinville, NC
  • Licensed in North Carolina

A: I would have to review the will (if it exists), the estate file (if it exists), and other relevant documents to be able to answer your question. My advice is to hire a local attorney to review the issue and give you their opinion.

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