Legal Question in Wills and Trusts in North Carolina

Mother died a little over a year ago, step - dad died two months ago. The property was in mom's name only, but the will they each had left everything to the other one, no matter which of them died first. Now step - dads brothers said they have sold the property and all of the contents inside. Mom has two biological children, both grown. Do they have a say in this matter? This is in North Carolina.


Asked on 2/22/12, 11:50 am

1 Answer from Attorneys

OK - since mother died first, you need to see what she owned and what her will said. If, as you say, your mother owned only real property in just her name and if she made a will leaving all to her husband, then the land and everything else passed to the husband. When husband died, the property would pass to the step-dad's heirs, whoever they may be.

Mother's children have NO say as to the assets that passed directly to your mother's husband. His will controls the disposition of his assets. If he made no provision for the children of your mother, then that is the way it is. Your mother's children cannot compel the man to leave any assets to them even if property began as being owned solely by your mother. If mother wished for an alternate disposition, then she needed to have said otherwise in her will or used other estate planning devices, like revocable living trusts. I am sorry, but children do not have any right to inherit anything from their parents and it is up to the parent to provide for the child or not.

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Answered on 2/22/12, 1:42 pm


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