Skip to main content

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?

Attorney Answers 3

Posted

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.

Mark as helpful

2 lawyers agree

Posted

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.

Mark as helpful

4 lawyers agree

Posted

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.

This e-mail may contain confidential or privileged information. If you are not the intended recipient, please notify the sender immediately by return e-mail and delete this e-mail and all copies and attachments. If you are not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. IRS Circular 230 Notice: Unless specifically stated otherwise, any tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. Unless specifically stated otherwise, this communication shall not be deemed to be legal or tax advice, and no attorney-client relationship shall be deemed to have been created.

Mark as helpful

2 lawyers agree

Real estate topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics