Fayetteville, NC asked in Real Estate Law, Land Use & Zoning, Estate Planning and Probate for North Carolina

Q: Person leaves land to 2 people. 1 of the people die and its inherited. Can 1 sign it to someone w/o both party's consent

My grandma left land in her will to my mother and her uncle. My mother died before I was 18 and left her portion to me. Someone got my uncle to transfer his name off the deed to them. They then filed it with the clerk and is now on the deed with me.. Is this legal? To be considered my uncle was heavily on drugs and may not know what he signed. Thank you

1 Lawyer Answer
Anthony M. Avery
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  • Estate Planning Lawyer
  • Knoxville, TN

A: It appears that you are legally a tenant in common of a one half undivided interest with the others as tenants in common of equal interests adding up to one half. But was GrandMother's Will Probated? If not, then it had no effect, and her heirs own the property. Hire a competent attorney to search the title.

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