Durham, NC asked in Foreclosure for North Carolina

Q: Realtor wants to buy deceased mother’s house before foreclosure and split profits. Is this a scam?

My mother passed and her husband, though separated, is considered next of kin since she didn’t have a will. He neglected to open her estate. The hearing for foreclosure was 2 weeks ago. Ever since this realtor has been calling wanting to buy her house and split profits between himself, moms husband and me. 1. Is this a scam? 2. Why does he need my consent if I’m not the next of kin?

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1 Lawyer Answer
Lynn Ellen Coleman
Lynn Ellen Coleman
  • Foreclosure Defense Lawyer
  • Licensed in North Carolina

A: You are the next of kin with regard to real estate. If you die without a will in NC and you are married and have a child: you spouse inherits 1/2 of your intestate real estate and a portion of your intestate personal property (if you die with personal property worth $60,000 or less, your spouse inherits all of it; if you have more than $60,000 worth of personal property, your spouse inherits $60,000 plus 1/2 of the balance)

child or descendants inherit 1/2 of your intestate real estate and any intestate personal property remaining after the spouse's share. I doubt its a scam. It depends on when the foreclosure sale is set (usually at least 30 days after the hearing).

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