Legal Question in Wills and Trusts in North Carolina

Intestate death w/no real property

My mother deeded her real property to one of her children when she became terminally ill in order to avoid the state selling the property to fund her care. She died without a will. Is that property now soley the one child's property? Also, do the personal belongings within the real property go with the deeded real property or should they be divided equally? My sibling has determined that everything is in his name and therefore his to do with as he chooses.

Thank you!

Asked on 6/23/04, 3:24 pm

1 Answer from Attorneys

Dan Brady Brady, Nordgren, Klym & Morton, PLLC

Re: Intestate death w/no real property

That is a hard question to answer with a Yes or No.

Technically, the real property is owned by the person taking title under the deed. It is unlikely that the deed conveyed anything other than the real property and the contents remain the property of your mother to pass under her will or the intestate statutes.

It is possible to have the deed set asside as a result of the undue influence of the recipient sibling, fraud by the recipient sibling or the lack of capacity of your mother at the time the property was conveyed. Success will depend on the facts.

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Answered on 6/23/04, 5:44 pm

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