Charlotte, NC asked in Estate Planning and Family Law for North Carolina

Q: How would a postnuptial work exactly with a home my grandmother wants to sign over to me?

My grandmother wants to sign over her home to me that is paid for but she wants my husband and I to agree to a postnuptial agreement before she does so because she would not want my husband to touch it in the future. She said she would have to agree to what the postnuptial insisted of exactly before she signed it over. I personally would want the home to go to my child if I suddenly passed away but if I’m not mistaken I would have to choose a guardian until he reached legal age. The problem is my grandmother would want the guardian to be my mother which I do not agree with. She is in and out of jail and on drugs.

So my question is, do I have to agree to her wishes before I sign it? Or can I sign it and possibly go back and change the postnuptial agreement?

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

A: You can do a postnuptial if that is what your grandmother requires, or during the conveyance of the property your spouse can join your grandmother and waive all spousal rights to the property. But if those are your grandmother's conditions you can't force her to give you the property. Once it is in your name you can change the document to better reflect your wishes.

You are not required to choose a guardian and even if you did it is only a suggestion and not binding on the courts. You do not appoint a guardian only the courts can do that.

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