My husbands father died in 2016. He self probated my father in law will because he did not want to pay out the probate fees to the attorney. In the will his dad left his entire property to my husband including an old farm house.
My husband will not go and put the property in his name because he made the statement if he put the property in his name his children will not inherit any of the land or house. What about me? I am his wife and feel I should get something too.
For divorce purposes, property inherited by a spouse is generally considered "separate property." However, for inheritance purposes by a surviving spouse of a deceased spouse who owed such property individually, NC law may well give the surviving spouse certain rights in the property of the deceased spouse. The nature and extent of such rights will depend upon whether it is a first or subsequent marriage, the number of children the deceased spouse has, and other factors. It also means you have to survive your spouse's death to claim such rights. You would have to consult with an experienced estate planning/probate attorney who can look at all the facts of case and advise you more precisely than can be done here.
By the way, if there is a duly probated Will which devised the property in question to your husband, the property IS already "in his name!" That probated Will actually serves in lieu of a deed to him, and for all legal purposes title to the real property is vested in him (in his name as stated in the Will).
DISCLAIMER - This posting is not intended to and does not create any attorney-client relationship, and is not intended to and does not constitute legal advice to any individual. It is posted for educational and informational purposes only. Any individual reading this should consult with a qualified attorney before taking any action regarding his or her own personal situation.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline