Legal Question in Wills and Trusts in North Carolina
My mother in law passed in January. In her will it states all her asserts be divided equally between her 3 sons. There is just over 2 acres of land deeded in her name. One brother doesn't want it. My husband wants to have the land surveyed and split with the other brother. His brother wants it left as is. Doesn't my husband have the right to have his share deeded in his name? What are the guidelines the executor is to follow?
1 Answer from Attorneys
If the land is to be sold within 2 years of death the executor is involved. Or if it is necessary to sell the land to pay estate bills t he executor can do so, depending on w hat the will says about that. At worst, the executor would have to petition the court. If there are other monies to handle estate claims/debts, then title to the land passes to the heirs/beneficiaries. if one person does not want the land then the others can buy out their share. The remaining property owners have to agree on how t o run t he land. If they cannot agree, then one either has to to buy out the other or they can ask the court for partition. If the land can be divided, then it will be divided and each heir will get a piece. If t he land cannot be divided, then it will be sold and the money will be divided.
I suggest that your husband go and see a probate/real estate litigation attorney familiar with partition actions who practices in the county where the estate is or will be pending.