Asked in Estate Planning and Real Estate Law for North Carolina

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.

1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Estate Planning Lawyer
  • Crossville, TN

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

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