Legal Question in Real Estate Law in North Carolina

Can my sibling bar me from our inherited property left by mother who left no will if i have a share?


Asked on 6/13/10, 2:00 pm

1 Answer from Attorneys

No. Has it been 2 or more years since your mother died? Was your mother's estate probated? Are there any claims against the estate which would require the land to be put back in the estate? Land passes at death by operation of law. However, what you can do with the land depends on the answers to the questions I posed. Assuming that it has been more than 2 years since your mother's death and that there are no claims, understand that ownership of real property obligates you to pay for your share of the taxes, maintenance and insurance. However, it also obligates her to account for any profits from the land, like rental. However, if the sibling has barred you from the property, then your solution is that those who want the land have to buy out the shares of the others who don't. If this is not feasible, then speak to a real estate lawyer regarding a partition action.

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Answered on 6/21/10, 9:25 am


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