Mebane, NC asked in Real Estate Law, Civil Litigation and Probate for North Carolina

Q: Father in law passed away and my wife and I are listed as Joint tenants with full right of survivorship.

My wife’s brother is the executor of the will. We are selling the house that I am making the mortgage payments on. The mortgage is in my father in laws name and the executor is demanding that all proceeds go into the deceased estate and he is entitled to 1/3 after he settles the estate using the proceeds of the sale of the house. There is nothing in the will that says anything about the house. I was a co-signer on the mortgage until we refinanced the house. I was left off the refinanced mortgage because we got a better interest rate with him solely on it. The house is in Florida and will close in October and we live in North Carolina now. My wife and I put up 55k for the lot and 62k in closing cost and my father in law paid 5k filing fee. The living arrangements were he paid mortgage, my wife and I paid utilities, HOA, food, insurance and cell phone. We believe the sale of the house goes to us and the executor believes it goes to the estate. Who’s right and do I need to lawyer up?

1 Lawyer Answer
Anthony M. Avery
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  • Probate Lawyer
  • Knoxville, TN

A: You will need to post this under Florida real estate law.

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