What steps do I need to take to ensure an inherited property is put in my name from my grandmother’s name?

UPDATED: May 15, 2012

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What steps do I need to take to ensure an inherited property is put in my name from my grandmother’s name?

When she passed away it was willed to be her 2 children, my father and my aunt. My father paid my aunt for her half when he sold his home and moved into Granny’s but did not have the house put into his name before he passed away (with no Will), thus I believe that his half is now split between my brother and myself. Is that correct? I have a quit claim form filled out and signed by my aunt (notarized) to give her half to me, making it 75% mine, 25% my brother’s (if I understand the process properly), yet I have yet to turn it in because I am unsure if there is anything else that I need to do?

Asked on May 15, 2012 under Estate Planning, North Carolina


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, you are incorrect. Your brother was to get half of the house by probate law and if he challenges this in court, he will win. You are to have that quit claim deed be signed as half to you and half to your brother. That way, the end calculation is half to you and half to your brother. If your brother wishes for you to have 75% (thus giving up 25% of which he was entitled), you need to ensure your brother has a signed documentation agreeing to this.

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