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Gifting real estate to a sibling

Greensboro, NC |

My parents are both deceased and they left the house to me, my brother and my sister.
I would like to give my share to my sister because she is unemployed and could really use the rent that the house is producing. My brother is trying to force a sale on the property and I want no part of it. How do I handle this?

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Attorney answers 2


Read the will and you may want to have it probated.

LEGAL DISCLAIMER: The answer(s) given are only to be deemed general in nature as all of the facts of your case were not provided and thoroughly reviewed. Any answers are NOT to be deemed as attorney advice as a full legal opinion can NOT be provided at this time without a complete analysis of all of the facts regarding your particular matter. Any and all statements provided do NOT in any way create any type of attorney/client relationship.


You can certainly deed your interest in the property to your sister by having a real estate attorney prepare a deed for a reasonable fee and then record the deed. However, if you and your siblings own the property as tenants in common and your brother files a partition in partition, the property will almost certainly be sold. You need to look at the deed to see how the property is owned. You should consider consulting with an attorney regarding this matter.

The attorney responding is licensed only in the state of North Carolina. This response does NOT constitute legal advice and does NOT create an attorney/ client relationship! Rather, the response is in the form of legal education and is intended to provide general information about the matter in question. Although a response is provided to the specific question, there may be other facts and law relevant to the issue that the questioner has left out and which would make the reply unsuitable. Therefore, the questioner should not base any decision on the answer, but should confer with an attorney in person about the specifics of his or her case.