More of the Question: “There are 4 children and one signed his part over to his sister leaving jus his 3 sisters to settle things. One of the children live in the house , she now owns 50% of the home and property. It is her only home.She feels as if she is being pressured and pushed by her other two sisters…I need help as i am so stressed and im jus beside myself with greif and tired of being threatened by my two sisters….Please help me.”

Dear Stressed in North Carolina,

First, I’m sorry about your loss and the emotional turmoil this entire thing is causing. It can get really nasty between children when a parent dies without a will, even if the only thing they left were bills and a house. In NC, if there isn’t a will which specifically designates who gets the house, the house transfers by law to the legal heirs, in this case, presumably the four children, without probate. If you own 50% of the house, then it belongs jointly to you and your sisters. More than likely, you only own 25%, because your brother can’t give you his share by deed unless the deed is probated and everyone signs off on the transfer. Your siblings have as much right to live there and call the shots as you do. If it’s possible to get everyone to agree, the best thing may be to sell the home. You would receive a portion of the sales price and your siblings would each receive their portion. However, to sell the house within two years of your parent’s death, you would need to probate the estate to pass good title. If more than two years has elapsed then probate probably isn’t necessary. I would recommend that you see an attorney about this matter or it might never go away.

The Law Offices Of Cheryl David is a member of the American Academy of Estate Planning Attorneys.

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