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Real estate will question

Elizabeth City, NC |

In NC dad rewrote will in 2010 to leave brother all of his estate both personal and real BUT daughter had already had name added to deed of his home to be rewarded property upon death documented in 2005. he died in 2013. who gets the home?

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Attorney answers 3


The name on the deed trumps the will unless the deed was signed while dad was under force, duress, undue influence or incompetent.
The deed could be tenants in common which means 1/2 in the estate or rights of survivorship which means all to the daughter.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.


It depends on how the deed is titled in NC. If daughter is listed on the deed as joint with right of survivorship with your father she will receive the entire property, regardless of what the will states. Moreover, If it is owned in just her name, it's hers. However, if it is owned any way but this way she will not receive the entire property, but share an interest with others.


The answer depends on how title was held. Obtain a copy of the will and bring it to a real estate attorney. If title is held as tenants in common daughter will own 1/2. If title is held as joint tenants with rights of survivorship daughter owns the whole thing.

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