Charlotte, NC asked in Estate Planning and Probate for North Carolina

Q: my wifes grandmother passed away 4 years ago, she gave my wife the house before she passed, her sister is trying to sue.

so my wifes sister is now trying to sue us for 25000 dollars because she thinks shes entitled to part of the house. the house sits on a rented lot which ive paid for the last 4 years, ive also paid the taxes, paid for all upgrades including new appliances and ac unit, and paid for the upkeep. i even paid for her grandmothers funeral. The grandmother did not have a will but her three biological children had no objection to wife getting the house. Does the sister have any legal standing?

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Nina Whitehurst
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Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: Yes, your wife's sister has legal standing to sue. Whether she will prevail or not is an entirely different question, and you did not state any facts on which she might rely. The usual grounds for setting aside a deed would be fraud, misrepresentation, coercion, undue influence and/or elder abuse. Only you know if that applies to your wife.

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