Legal Question in Wills and Trusts in North Carolina

My boyfriend has 11 acres in North Carolina. He is going to allow me to move my mobile home to an area already set up for one. However, in his will He is leaving all his property to someone other then me but giving me life tennant rights to the acre my mobile home will be on. Upon his death will new owner have to honor my rights and will there be any cost to me Frances London.


Asked on 12/01/13, 2:47 pm

2 Answers from Attorneys

Kenneth Love Ken Love Law

Your boyfriend needs to make sure he visits a probate attorney and ensures the will is drawn up properly. If it is done correctly, the owner has to honor your life estate. Now, hopefully your acre has road frontage...although they have to honor your life estate on the acre, they don't have to give you access to the rest of the property if other things are not done...meaning you could be landlocked and lose access to the land.

You will most likely be liable for property taxes for your acre of land while you are living there.

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Answered on 12/01/13, 8:31 pm

I agree with Attorney Love in general but this is a way bad idea for lots or reasons. You are moving your mobile home onto land you do not own. While things are all lovey-dovey between you and your boyfriend right now, what happens if you and he have a falling out? Things happen. If you do not own the land then your boyfriend can tell you to get out and move the mobile home off the land and no will of your boyfriends is going to prevent that if it happens because wills are only effective at deat

Why does the boyfriend not just subdivide his land and give you an acre or smaller portion on which to put your mobile home? Then it will be yours - and no one can take it away from you.

Further, while your boyfriend may have the best intentions, it will require him to actually follow through and get his will done. Is he going to do that? Most people in NC sadly do not have a will. And I have frequently heard the story by some beneficiary who complains here at Law Guru that the decedent and the beneficiary talked about giving x to the beneficiary but there was no will. Oral promises regarding land are NOT enforceable if the boyfriend dies without making a will.

You are free to do what you want. My advice to you is DO NOT DO IT unless you own the land on which the mobile home will sit.

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Answered on 12/01/13, 9:40 pm


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