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

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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