North Carolina  |  Wills and Trusts

Legal Question

Asked on: 3/13/13, 8:55 pm

My grandfather passed away 7 years ago. My mother was name executrix of the will and in the will the house my grandfather owned (located in North Carolina) was willed to my mother as the only biological heir. She was an only child. My biological grandmother (his first wife) passed away many years before he did. He remarried within two years of my grandmother's death. There is a pre-nuptial agreement between my grandfather and his second wife (my step-grandmother). The pre-nuptial agreement gives his second wife (his wife at the time of his death) a life estate for the house with the house going to his heir when she dies. My mother, who is elderly, neglected to ever have the house changed to her name after my grandfather passed away. His second wife is still living (in an nursing home) and is not legally competent. What is my mother's legal status with the house? Can she sell or rent the house?

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