Legal Question in Wills and Trusts in North Carolina

A few years ago, my mother had her house placed in the names of my two siblings, my nephew and myself. The benefactors of her Will are the same with all assests being divided equally. Now, my brother is terminally ill with cancer. My sister-in-law has been a total demon throughout their marriage. My sister has been to an attorney who told her that with my brother's passing in NC his wife would be the receipient of his share. I have told my sister than my mother would be able to change the Will and remove our brother's name. And, that new papers could be signed to replace the current Deed to the house - excluding our brother. But, she is convinced his name should be removed NOW in order to ensure his wife would not receive his portion. The only problem I see is if our mother would pass so quickly that a new Will and new Deed could not be put in place. If our brother passes before chainging anything, would our sister-in-law have to sign in order to remove our bother's name from the Deed? This attorney has my sister convinced that there is little we can do unless everything is changed before my brother's passing. I hate to even think of such things but she is preparing to bring this topic up to both my mother and brother!! Is there terminology that can be used to exclude her from the Will without removing his name? And, the Deed. Please help. I do not want my sister to approach either or them with this tasteless topic!


Asked on 8/23/14, 10:24 am

1 Answer from Attorneys

Your mother deeded away the house. This can be fixed relatively simply. All the people named as grantees on the deed have to re-convey the land to themselves minus your brother since he is dying OR an amended deed needs to be filed and add the words to the grantee side by indicating that all the grantees own the land "as joint tenants with right of survivorship." Those words are what I call magic language. They mean that the land is owned by everybody equally but if one of them dies, then their share passes to the surviving people on the deed not the heirs of the deceased grantee.

Your mother if she is mentally competent needs to make a new will leaving her property to all of her heirs except your brother. If your brother has children, then your mother may wish to include them and in that case she can leave items to them directly or in trust if she wants. But she has to include language specifically disinheriting your brother.

I agree with the attorney. This must be done NOW before mother and brother pass away. Getting your sister-in-law to sign after your brother dies is not something she will be willing to do unless you buy out her share.

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Answered on 8/23/14, 1:21 pm


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