Can I legally take possession of my dead uncle’s house if I’m his only biological relative?
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Can I legally take possession of my dead uncle’s house if I’m his only biological relative?
He left no Will and told no one of his intentions. My uncle passed away 11 months ago; he had no children of his own. He did have a live in girlfriend that passed away years ago. She had children and they have taken possession of my uncle’s house. I do know that he never claimed them as his children, even though they called him “daddy”. Could I legally challenge their living there? And what other resource do I have?
Asked on December 23, 2011 under Estate Planning, North Carolina
Answers:
Paula McGill / Paula J. McGill, Attorney at Law
Answered 13 years ago | Contributor
First, you have to apply and be appointed as the personal representative of the estate. As personal representative you gather and administrator the decedent's assets and pay his liabilities. You have to determine who is on the deed. If he is on the deed, as an administrator you can evict the tenants after complying with the state's eviction laws. Thereafter, you may still have to sell the house if there is a mortgage on the house or his liabilities exceed his assets.
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