Short Answer

In North Carolina, you can place your real estate in a revocable living trust, keep the right to live there for life, and require that your grandchildren receive or control their shares only after a set age. The trust should authorize the trustee to hold the property intact until your age milestone (or beneficiary consent) is met, and include spendthrift and minor-beneficiary provisions to prevent parental control. To avoid probate, you must deed the property into the trust during your lifetime.

Understanding the Problem

In North Carolina, can I use a trust to keep my parcel of real estate intact for two grandchildren, reserve my right to live there for life, and delay each grandchild’s control until a set age—especially where one grandchild is a minor and I don’t want that child’s parents to control the share?

Apply the Law

Under North Carolina law, a revocable living trust is an effective way to (1) avoid probate for real estate you transfer into the trust during life, (2) reserve your right to occupy the property, and (3) set age-based milestones before beneficiaries receive title or sale proceeds. The trust should empower the trustee to retain or sell the real estate, manage it, and distribute funds only under terms you set. For a minor grandchild, holding the share in trust (with an independent trustee and spendthrift language) keeps control with the trustee rather than a parent and avoids a forced payout at 21 that often applies in custodial arrangements. If you instead use a will to create a testamentary trust, the will must be probated to transfer or confirm title, and the trustee will then administer the real estate under the will’s trust terms.

Key Requirements

• Trust terms with age milestones: State the ages (for example, 25 or 30) for outright control or distribution; allow earlier limited distributions for health, education, maintenance, and support if desired.
• Funding by deed: Sign and record a deed transferring the property to your trustee during life; reserve a lifetime right to occupy in the deed or trust.
• Trustee powers to hold property: Give the trustee authority to retain the real estate unsold, manage, insure, rent, or sell only when your age or consent conditions are satisfied.
• Minor-beneficiary and spendthrift protections: Name an independent trustee (not a parent) for a minor’s share; include spendthrift/discretionary provisions to keep parents and creditors from controlling the share.
• Backstops: Name successor trustees; include a pour-over will for any assets you forget to retitle.

What the Statutes Say

• North Carolina Gen. Stat. § 36C-8-816 (Specific trustee powers) – Authorizes trustees to retain, manage, and sell real property held in trust.
• North Carolina Gen. Stat. § 36C-5-502 (Spendthrift provisions) – Validates spendthrift terms that restrict transfers and creditor reach until distribution.
• North Carolina Gen. Stat. § 36C-10-1013 (Certification of trust) – Allows proof of a trust’s existence without disclosing the full document when dealing with third parties.
• North Carolina Gen. Stat. § 28A-15-2 (Title to property) – Explains how real property passes at death and why probate is needed to confirm title under a will.

Analysis

Apply the Rule to the Facts: You can create a revocable living trust that keeps your right to live on the property for life and instructs the trustee to hold the property intact until both grandchildren either reach your chosen ages or agree to a sale. Deeding the real estate to your trustee now avoids probate. For the minor grandchild, naming an independent trustee and using spendthrift/discretionary terms prevents a parent from controlling that share while the child is underage.

Process & Timing

1. Who files: You (the settlor). Where: No court filing is required to create the trust; record property documents with the county Register of Deeds in North Carolina. What: Revocable Living Trust Agreement; deed transferring the property to “Trustee of the [Your Name] Revocable Trust”; optional Certification of Trust. When: Do this during life so the property is titled in the trust before death.
2. Record the deed with the Register of Deeds where the property sits. Recording is typically processed the same day to a few days. Notify your insurer and tax office of the trustee’s role and your reserved occupancy rights, if any.
3. After death, the trustee administers the real estate per the trust: pays carrying costs, holds or rents it, and sells only when your consent or age conditions are met. When milestones occur, the trustee deeds the property or distributes sale proceeds to the grandchildren under the age-based terms and closes the trust for that asset.

Exceptions & Pitfalls

• Not funding the trust: If you don’t deed the property to the trustee during life, it will likely require probate, undercutting your goal.
• Vague sale/occupancy terms: Spell out your lifetime occupancy and when the trustee may sell (for example, both grandchildren consent or youngest reaches a specific age) to avoid disputes.
• Parent as trustee for a minor: If you want to prevent parental control, name an independent trustee for the minor’s share and require third‑party discretion on distributions.
• Custodial accounts vs. trust: Leaving assets to a minor outside of a trust can push funds into a custodial account with a mandatory payout at 21. A trust lets you set later ages.
• Administration costs on very small trusts: Avoid creating multiple small subtrusts that are too expensive to administer relative to value.
• Creditors and expenses: Property in a revocable trust remains subject to your debts and final expenses; plan for taxes, insurance, and upkeep.

Talk to a Estate Planning Attorney

If you’re dealing with how to keep real estate intact for grandchildren, delay control until a set age, and avoid probate, 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.