Legal Question in Wills and Trusts in California

Dear Sirs,

My question is as follows.

I received an inheritance of a "fee tail" estate in North Carolina. It was initiated a long time ago. Is there a legal procedure allowing me to sell such an estate? if yes, what is the procedure, please.? And where can I get more information on the possibilities of renting such an estate if sale is impossible?

Thank you


Asked on 7/18/10, 2:12 am

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

California does not have "fee tail" estates. All inheritance tail estates were abolished in 1872 with the passage of Civil Code section 763. Your question concerns real estate in North Carolina, and you need to repost in that legal category. I cannot advise you on North Carolina law, because I am not admitted to practice in North Carolina.

By way of information, however, a "fee tail" estate is an interest in real property that can only be inherited by specific descendants of the original grantee. It lasts until the current holder dies without any bodily heirs (termed issue.) It is my understanding that fee tail has been abolished by all jurisdictions except Delaware, Maine, Massachusetts, and Rhode Island, so it sounds to me as if someone is yanking your chain, and may be setting you up for a scam.

When California abolished fee tail, it provided that all such estates be treated as "fee simple absolutes." In that particular situation, you could sell the property.

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Answered on 7/18/10, 6:07 pm


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