Asked in Real Estate Law, Civil Litigation and Probate for North Carolina

Q: Life estate holder refuses to sign over property, house vacant and deteriorating, tax issues.

My husband owns a property in North Carolina where his step-dad holds a life estate. When my husband's mother passed away, his step-dad took over the house and allowed a friend to live there rent-free for years. The house has now been vacant for over a year, and it's falling into disrepair with trash and belongings left inside and the yard unkempt. There were no specific agreements made about maintaining the property.

We've repeatedly asked my father-in-law to sign the house back over to my husband, but he refuses, claiming someone still lives there, which we know is not true since we reside next door. At one point, he was three years behind on taxes, although he has since paid them, but he currently owes 2024 taxes. We are worried about the ongoing tax delinquency and the deteriorating condition of the home.

We would like for our daughter, who was raised in the home, to move in since it is vacant. Considering the home's sentimental value, my husband’s grandfather built it, and generations have lived there, we want to resolve this matter. What legal options do we have to address this situation or persuade my father-in-law to transfer the property?

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