Legal Question in Wills and Trusts in North Carolina

My father used my inheritance to payoff my step mothers house. In his new will be stated I get my inheritance when she dies and house is sold. What happens when she sells house before she dies?


Asked on 6/25/13, 2:34 am

2 Answers from Attorneys

Kenneth Love Ken Love Law

It depends on what the will says, but typically if property that was to be inherited is gone, the inheritance is void.

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Answered on 6/25/13, 3:32 pm

I am somewhat puzzled by your post. First, living people have no heirs or beneficiaries and while you may have the expectance of an inheritance, children are not guaranteed a "right" to an inheritance. So if your father is still alive he can do what he wants with his money and he does not have to leave you a dime and can choose to disinherit you completely if he so wishes. And your father can alter his will up until the minute he is dead (in theory at least).

So is your father alive or dead?

If deceased, then you would have an inheritance in accordance with the terms of your father's will. The question is, how is the house titled? If the house was owned by your father and step-mother as a tenancy by the entirety or joint tenancy with right of survivorship and the father died, then his interest in the home would pass automatically to the wife outside of probate. Probate and wills only deal with probate assets. In such case, the language in the will would be irrelevant and the home would be owned solely by your stepmother. She could sell or otherwise dispose of the house as she chooses.

If the home was owned solely by your father and he died, that would be a different matter. The will might allow your stepmother to live in the home until her death at which point it could be sold and the proceeds disbursed to the beneficiaries. In such case your stepmother would not have an ownership interest in the home and would not be able to sell it at all.

Of course, if the land is solely owned by the stepmother then the land is not part of any probate estate for your father and his statements about the house are void as noted by Attorney Love. Unless your stepmother makes her own will promising that upon her death she will leave you the proceeds remaining from the sale of the house, then you would not have a right to inherit anything from the stepmother. Of course, if she owns the house solely, she can do what she wants with it as well and if she sells the home prior to her death then you would get nothing.

You do not indicate the state where your father and stepmother reside or if this is in NC. I have premised my answer on NC law. Different states have somewhat different procedural probate mechanisms however and you would do well to consult with a probate attorney in the county where the land is located or where your father resides. An attorney would need to see a deed to the land to know how its titled (if it is in NC, many counties register of deeds offices are online and you can easily look up the deed) and a copy of the will.

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Answered on 6/25/13, 5:28 pm


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