Asked in Estate Planning, Probate and Real Estate Law for North Carolina

Q: Can life estate rights be signed over if not yet inherited?

Can my husband, who was named in his grandfather's will to inherit land upon his mother's passing, legally sign over life estate rights to someone else before actually inheriting the land from his mother?

1 Lawyer Answer
Anthony M. Avery
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Answered

A: If the Will was probated then apparently he is vested with a life estate after his Mother dies. But you need a NC lawyer to examine this closely, and search the title, as the Estates, especially contingent future interests, may not be as you think. So if his Estate is as you state, he can convey what he has.

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