Short Answer

In North Carolina, you can use a revocable living trust to control who receives your share and exclude siblings. First, create a trust that names your chosen beneficiaries and specifically omits siblings; then deed your inherited interest in the property to your trustee. Because title from a will vests in devisees subject to estate administration, transfers by heirs or devisees within two years of death must follow creditor-notice rules, and some deeds require the personal representative to join. Existing liens (like a reverse mortgage) must still be satisfied.

Understanding the Problem

In North Carolina, can you set up a revocable trust to keep your siblings from inheriting your share of real estate you are receiving under a will? You and your mother are equal devisees, and your mother has no will. You want to control your share now so your siblings receive none of it later, and you need to know when during estate administration you can move your interest into your trust.

Apply the Law

Under North Carolina law, a revocable trust lets you decide who takes your property at your death; you can exclude siblings entirely. Real estate devised by a will vests in the devisees at death, but it remains subject to estate administration and creditor rights. To place your share under trust control, you must fund the trust by deeding your undivided interest to your trustee and record that deed in the county where the property lies. Within two years of the decedent’s death, conveyances by heirs or devisees face creditor-protection rules, and some transfers require the personal representative’s joinder before the estate’s final account is approved.

Key Requirements

• Create a valid revocable trust: Sign a written trust that names a trustee, identifies beneficiaries (omitting siblings), and states what the trustee holds and manages.
• Fund the trust with your interest: After you take title as a devisee, sign and record a deed transferring your undivided interest to your trustee; the deed does not remove existing liens.
• Observe the two‑year and creditor‑notice rules: Within two years of death, a devisee’s transfer may be void as to creditors if done before notice to creditors; after notice and before the final account, the personal representative should join the deed.
• Coordinate with estate administration: Title vests at death but remains subject to the estate’s debts and administration; reverse mortgage or other liens must be satisfied first from sale or payoff.
• Add a pour‑over will: Sign a will directing any assets you forget to title in the trust to “pour over” to the trust at your death.

What the Statutes Say

• North Carolina Gen. Stat. § 36C‑4‑401 (Methods of creating trust) – Allows creation of trusts by transfer of property to a trustee and other methods.
• North Carolina Gen. Stat. § 28A‑15‑2 (Title to property of decedent) – Real property devised by will vests in devisees at death, subject to administration.
• North Carolina Gen. Stat. § 28A‑17‑12 (Sales by heirs or devisees within two years) – Limits conveyances by heirs/devisees within two years; requires notice to creditors and, before final account, personal representative joinder.

Analysis

Apply the Rule to the Facts: You can sign a revocable living trust that names your chosen beneficiaries and excludes siblings, then fund it by deeding your inherited interest to your trustee. Because the property comes through your great‑aunt’s will, your title vests at death but is still subject to creditor rights and administration, including the reverse mortgage lien. If the estate is within two years of death, ensure creditor notice has been published and have the personal representative join the deed before the final account, or wait until those protections no longer apply.

Process & Timing

1. Who files: You (the devisee). Where: Create and sign the revocable trust privately; record any deed with the Register of Deeds in the North Carolina county where the property is located. What: A revocable trust agreement and a deed from you to your trustee. When: After you hold title as a devisee; if within two years of death, wait until creditor notice is published and have the personal representative join the deed before the final account, or delay until the two‑year window has passed.
2. Confirm liens and estate status; if a reverse mortgage exists, plan for payoff or sale. Recording a deed to your trust will not extinguish liens.
3. Record the deed; keep proof in your trust records. Execute a pour‑over will to backstop any untitled assets.

Exceptions & Pitfalls

• You can only control your share; you cannot block siblings from inheriting your mother’s share unless your mother signs her own will or trust.
• Transfers that ignore the two‑year and creditor‑notice rules can be ineffective as to estate creditors; coordinate with the personal representative.
• A reverse mortgage or other lien follows the property into your trust; payoff or sale proceeds must satisfy liens first.
• Out‑of‑state real estate may require separate steps under that state’s law; coordinate, but plan your North Carolina deeds and trust now.
• A revocable trust does not shield assets from your own creditors while you are alive; use a spendthrift clause to protect remainder beneficiaries after your death.

Talk to a Estate Planning Attorney

If you’re dealing with inherited real estate and want to ensure siblings do not receive your share, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.