Family fight over property rights

Drywallguy85

New Member
Jurisdiction
North Carolina
I'm hoping for some clarity on this situation,
My grandmother passed away several years ago. She had 6 surviving children, one of which was my father who passed in January of last year. Before my grandmother passed away all of them agreed that my father remained on the property until he passes then the house would be sold and split for equal shares.
However, not long after her passing, his siblings tried to force him out leading my brother to purchase a share from one of our aunts to assure him he'd not be thrown out. The sale was done through an attorney and filed properly with the court and now my brother owns a share himself.
Not even a week after his death, his siblings started telling us we had 45 days, 30 days, 10 days to be out and we'd be evicted, telling us that my brothers share didn't matter and my father's share dissolved. Come to find out my father's share of the house didn't dissolve. Like everything else... his share goes to his surviving children.
In all honesty none of the siblings except for one care if we stay especially now that they know about the 2 shares my brother and I possess. (Which we don't mind selling and have stressed that point to them)
That 1 however using the "I used to manage condos and property all over NC" excuse for her knowledge still insists that we are holdover tenants and still threatening us with legal action and having people come over to remove our property just so she can move in because he's living in her brother's downstairs apartment and he wants her out.
I don't mind selling my share to her. Ive told her this and she says I don't have a share to sell and shes the title holder. I just don't understand why she thinks she can do this.
So my questions are
Do I have anything to fear about losing my home?
What actions can I take?
Is there a way to prove someone who knows everything about anything, wrong?
 
I
So my questions are
Do I have anything to fear about losing my home?
What actions can I take?
Is there a way to prove someone who knows everything about anything, wrong?

The answers to that start with reading the will, trust and any other documents relating to her property that your grandmother had as well as reviewing the current state of the deed record to the home. I suggest you consult a local real estate attorney to review that information and tell you exactly where you stand and what rights you have.
 
My grandmother passed away several years ago. She had 6 surviving children, one of which was my father who passed in January of last year. Before my grandmother passed away all of them agreed that my father remained on the property until he passes then the house would be sold and split for equal shares.

I assume that "the property" refers to real property (land and a house) that your grandmother owned at the time of her death. Correct?

Did your grandmother have a will or a trust? If so, what did it say regarding this property?

Exactly how long ago is "several years"?

Was your grandmother's estate probated after her death?

In whose name(s) does title to the property presently stand?

Does "all of them" refer to just your grandmother's children, or does it also include your grandmother?

Was the agreement you referenced in writing and was it signed by all involved?

Did your father have a will or trust, and was his estate probated after his death?

However, not long after her passing, his siblings tried to force him out leading my brother to purchase a share from one of our aunts to assure him he'd not be thrown out.

A share of what?

Not even a week after his death, his siblings started telling us we had 45 days, 30 days, 10 days to be out and we'd be evicted

Who are "we"? You and your brother? Did you also live in the home with your father?

Come to find out my father's share of the house didn't dissolve. Like everything else... his share goes to his surviving children.

His share of what? Of his mother's estate? Does this mean that the probate of his mother's estate is still ongoing?

the 2 shares my brother and I possess.

If, in fact, your grandmother's estate has not been properly administered, then there are six "shares": your five surviving aunts/uncles own one "share" each (subject to whatever your brother may have bought), and your father's estate owns (not you and your brother jointly own) the sixth share.

Do I have anything to fear about losing my home?

As my numerous questions above should indicate, it is impossible for anyone here to draw any firm conclusions without much more information. However, it seems utterly unlikely that you and your brother are anything other than tenants at will, subject to eviction without cause, upon giving proper notice from the owner of the property. Fortunately for you, it seems like the owner of your property may be your grandmother's estate, and it's not clear that anyone has authority to act on behalf of her estate.

What actions can I take?

You can answer the questions I asked, one by one, and that may allow me or someone else to form some more firm conclusions. Otherwise, consult with and retain the services of a local probate attorney.

Is there a way to prove someone who knows everything about anything, wrong?

Seems like a great question for a college philosophy course.
 
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