Q: What happens in NC when a life estate holder outlives the remainder man listed on the life estate deed?
My grandmother and my father are listed on a life estate deed. The land in the life estate was to go to my father upon her death, but she outlived him. He died without a will. What happens to the land in the life estate since he died before her? He has a wife and 2 sons. His mother is still living.
A: The remainder interest is a part of your father’s probate estate. A probate case is needed to pass it to his heirs. Who inherits depends on whether or not he made a will and what his will said.
Ben Corcoran agrees with this answer
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.
