What happens if the life tenant doesn’t pay property taxes—could the home be sold by the county? – North Carolina Short Answer Yes. In North Carolina, if the life tenant lets property taxes go delinquent, the county can foreclose the tax lien and sell the property. A tax foreclosure can wipe out both the life…
Can the life tenant sell or encumber the property during her life estate without my consent? – North Carolina Short Answer In North Carolina, a life tenant may sell or mortgage only her life estate, not your remainder interest, unless the will gives her an express power to sell the property in fee simple. Any…
Will I still inherit the remainder interest in the home after the life tenant passes if the probate was closed without transferring the title? – North Carolina Short Answer Yes. In North Carolina, when a will is probated, title to devised real estate vests in the named beneficiaries by operation of law and relates back…
How can I take exclusive possession of the house once my grandmother’s life estate ends? – North Carolina Short Answer In North Carolina, when a life estate ends (usually at the life tenant’s death), the remainderman gains the right to immediate possession. You may change the locks if the home is vacant, but do not…
What steps do I need to evict relatives who refuse to leave after the life estate terminates? – North Carolina Short Answer In North Carolina, when a life tenant dies, the remainderman becomes entitled to exclusive possession of the property. If relatives refuse to leave, first revoke permission in writing and demand possession. If any…
Do heirs named in a will have any claim to the property if they only had lifetime rights? – North Carolina Short Answer In North Carolina, a life estate ends at the life tenant’s death. The remainderman then has the immediate right to exclusive possession. Heirs of the life tenant and anyone the life tenant…
How can I have a surviving parent’s interest removed from a decedent’s property before distribution? – North Carolina Short Answer In North Carolina, you cannot unilaterally remove a surviving parent’s ownership from real estate. If the parent is a co-owner on the deed, they must sign and record a deed to transfer their interest, or…
How does intestate succession divide assets between a surviving parent and children in North Carolina? Short Answer In North Carolina, if a person dies without a will and is survived by one or more children (or grandchildren of a deceased child), the children inherit the estate. A surviving parent does not inherit in that situation.…
What happens if a surviving parent is still on the deed when I inherit property? – North Carolina Short Answer In North Carolina, what happens depends on how the deed is written. If the decedent and the surviving parent owned the property with a right of survivorship (or as tenants by the entirety if they…
What steps do I need to take to become the executor of my father’s estate? – North Carolina Short Answer In North Carolina, you qualify as executor by filing the original will and an Application for Probate and Letters with the Clerk of Superior Court in your father’s county of domicile. If people with a…
