My husband and I both signed a deed of trust when we purchased our land. When we paid the mortgage off I did not put my name on the new deed. He has recently passed away and left a will with half to me and half to his kids. Am I entitled to all of the land or half to me and half to his kids. We live in NC.
It depends on how the deed was worded when you bought the property under the secured instrument. You likely owned it as tenants by the entirety, and if that assumption is correct, you would now own the entire real property as the surviving spouse. If the property was in your husband's name only, the likely outcome in the event of intestate succession would be a 50-50 split between surviving spouse and children, which is what your husband's will provisions appear to mirror (perhaps by design and upon advice from his lawyer, who likely examined the deed before advising your husband on how to address the real property in his will). The wrinkle to this is that the 50-50 split I referenced usually applies to non-marital real property, so this can be a little messier if the property titled only in your husband's name was your primary residence during your marriage, which presumably would create certain equitable marital rights in your favor. I note, however, that since I have not read the deed or your husband's will, all I can offer you is educated conjecture based on knowledge of the law and prior experience. You still need to retain a local probate lawyer to look at the entire picture for you and advise more specifically after reviewing all relevant documents. Blessings and best wishes to you and your family this winter.
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