Legal Question in Real Estate Law in North Carolina

My Mother's will stated that our home was to continue to be the gathering place. My sister who lives there has not honored her request. I asked for the keys to all locked doors. She has refused my request. What should I do now?

Asked on 9/09/13, 8:51 am

1 Answer from Attorneys

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It may not matter what your mother's will said in this regard. This language may or may not be relevant. I would need to see the entire will to know if this is merely wishful language or a binding requirement.

The important question is who inherited the land? If the land went entirely to your sister, then your mother's thoughts are irrelevant. They are not going to be binding. If you and your sister (as well as any other siblings) inherited the land equally, then that is an entirely different issue. You all have a right to possess and enjoy the property. If one of you is excluding another beneficiary from the home then any one of you can bring what is called a partition action and can force a sale of the property or require the beneficiary who wants the land to buy out the shares of those who don't.

I would suggest that you consult a real estate litigation attorney in the county/state where the land is located. Allow the attorney to review the will and see what the best course of action should be.

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9/09/13, 9:58 pm

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