Is it legal if my 7 siblings put worthless property in my name without my knowledge?

Our mother passed without a Will. Everything goes to her spouse, under 60k. A small piece of lake property, worthless to all of us, was put in my name without my consent. How is that possible?

Asked on September 10, 2016 under Real Estate Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It is not legally possible: no one can be made to own real estate against his or her will. However, illegal things happen all the time, due either to fraud or error. It is possible that one or more of your siblings forged your signature and/or had a fake power of attorney allegedly from you, giving them the authority to put the property in your name; it's also not impossible the clerk's office made a mistake in putting it in your name. You can get your name removed: go into the clerk's office and see if you can do this with an affidavit that the property is not your and it was put into your name in error. If that will not do it--if the clerk's office requires more--then you will have to file a legal action in chancery court (a division or part of country court) seeking a court order that the property be removed from your name.


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