can a person obtain land through a deed if the person who gives does not have clear deed to land in NC?

Question

my mother was given a deed to land, which i was supposed to get after her death, only i found out recently the land she had obtained was not owned by the grantor at the time he gave land, but was obtained some 20 years later, he changed his mind and gave the land to his two living sons, can he do this.

Answer 1

A grantor who gives a deed can only sell what he owns. When he gave the deed to your mother, he did not own the land, so the deed was and is worthless. When he finally owned the land, he could give it to whomever he wanted. His sons own the land.
If your Mom lived on the land for those 20 years, thinking she owned it, she may have a claim under a theory of adverse possession - but she has to have had open, continuous, exclusive, adverse and notorious possession.

Answer 2

Interesting question. A person can not give away (or sell) something he does not own, so technically the land could not have gone to your mother. However, it would be worth checking this out with a lawyer as he had certainly shown intent by giving her the deed. And he made good on it by obtaining title to the land, although that happened 20 years later.
This really is a complex question and it depends on how he gave the land to your mother. If she paid anything at all for it, or rendered services were were to be repaid by giving her the land, she could have a valid claim to it. If he was simply giving it to her, then he has the privilege of changing his mind. You can change your will up to the moment you die, but you have to own whatever it is you are giving away. And a lawyer might claim that he did not, in fact, have a moral right to hold that deed, as he had in fact given it to you mother, or at least demonstrated his intent that your mother have it.
Good luck on this.....

Answer 3

If he did not own the land when he gave the deed, most likely the deed would be worthless.

You can hire an attorney and sue for its value in court.

Also there could be fraud invovled

Answer 4

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Answer 5

Sorry to say but.. while a person is living.. He can change his will at any time..