North Carolina  |  Wills and Trusts

Legal Question

Asked on: 9/06/13, 8:06 pm

My 80 year old father has chosen to be estranged from his wife but has not requested separation papers nor has his spouse. His wife's name is on the deed, but my father pays the mortgage. They have been married for 30 years. If his wife should die, would he have legal right to the house instead of her son? Do community property laws in NC allow for my father to continue to live in the house despite his wife's son by a previous marriage having power of attorney for his mother, wishing for my father to vacate the house? As next of kin does my father have a right to stay in the house despite this?

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