Estate and Lifetime rights Question

What is the name of your state? North Carolina

Alright, My mother passed away two years ago and my father and I got the estate split. Well since then he has got a new girlfriend and gave her lifetime rights...He also took out a large loan on the estate(1/3)...
I was told that he should not have been able to take out a loan on the estate without my consent, but I assumed since it was not more then 1/2 he was, is this true? Also how would his girlfriends lifetime rights work, since I already have half? His lawyer is refusing to talk to me and I just want some enlightenment on whats going on before I call another attorney.

I was told that he should not have been able to take out a loan on the estate without my consent, but I assumed since it was not more then 1/2 he was, is this true?

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He can take a loan out on what he owns, if someone will lend it to him. If he owns half of the property, he could mortgage his half of the property. He cannot encumber your half of the property without your consent.

EDIT: That is, assuming that the property is titled as tenants in common. If it has another form of title, he may or may not be able to mortgage "his half" legally.

Also how would his girlfriends lifetime rights work, since I already have half?

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His girlfriend has lifetime rights to his half of the property. He cannot give lifetime rights, or a "life estate," to your half without your consent.

If his girlfriend has a life estate, you can't keep her off of the property -- but she can't keep you off, either, as you are an owner and have not given away ny of your rights. If she is oocupying the property in its entirety (or if she and your father are occupying the property in its entirety), then they should be paying rent on your half.

His lawyer is refusing to talk to me

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Of course he is -- he is not your lawyer, he is you father's lawyer. You need to hire your own lawyer to clear this up, if necessary.

pdenton said:

I was told that

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By Whom?

You need your own lawyer and thats just that.