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

Related Topics:
1 Lawyer Answer

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.