Legal Question in Wills and Trusts in North Carolina

If a married couple owns property, can one person deed their half of the property to someone upon thier death or does the spouse inheirt the entire property?


Asked on 1/01/10, 11:09 am

1 Answer from Attorneys

Jeff Rosner Rosner Law Firm P.A.

A will will not override the deed. The question cannot be answered without knowing what the deed says. If the deed is a joint tenancy by the entirety, then the tenancy must be severed while the person is still alive - this would be done by a new deed or divorce in North Carolina. If the property is held as tenants in commons (even if the couple is married) then a will can direct who to convey half the property to (subject to a marital interest). Most property owned by husband and wife are tenancies by the entirety.

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Answered on 1/06/10, 11:14 am


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