Legal Question in Wills and Trusts in North Carolina

what rights do siblings who inheritated sister thinks she owns the estate and will not allow myself to move into a seperate building which i fixed up for myself to stay in while i was taking care of my mother.can i still move in

Asked on 7/24/16, 9:56 am

1 Answer from Attorneys

Yes and no. When someone dies, they either have a will or they do not. If there is a will, then the property goes to the person(s) named in the will. If there is no will, then the heirs under intestacy law all share in the property. In either case. if there is more than one beneficiary or heir, then they all have equal rights to possess the property and one heir/beneficiary cannot exclude another . The problem in your case is that sister thinks she owns all. She doesn't. Neither do you though so you just cannot unilaterally decide to move yourself in and live rent free because of what you did while mama was alive.

If the heirs/beneficiaries cannot agree on what is to be done with the property now that mama is gone, then the heirs/beneficiaries who want the property can buy out the shares of those who don't or, if the property can be subdivided, it can be divvied up so that each person can do what they want with their parcel. If someone is not willing or able to buy out another or have the property be subdivided, then the only answer is partition. In partition, the land is ordered sold if it cannot be divided and then the court divides the proceeds among the heirs/beneficiaries.

Unfortunately, your sister appears to be unreasonable from your post. In such case, I suggest that you go and talk to a probate or real estate lawyer who practices in the county where the land is located and see what your options are.

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Answered on 7/25/16, 4:47 pm

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