Legal Question in Real Estate Law in North Carolina
How do deeds work if land is deeded to a group of people and one of them dies?
My uncle recently died. He, along with his brother and my mother were deeded their parents property with the stipulation that while their parents were living, they (the parents) had total control of said property. Now that he is dead, it is unclear what happens to his portion of the property. My other uncle seems to be under the impression that the property now belongs to him and my mother solely, but what about my uncle's (the one that died) children? Even if the deed does not mention his issue, doesn't everything he owned go to them unless otherwise stipulated in his will? I feel that my cousins have some legal right to claim a portion of the property. The land has never been divided, and the deed says that it goes to my mother and her two brothers. No other provision is made. Please let me know if my cousins have some legal recourse.
1 Answer from Attorneys
Re: How do deeds work if land is deeded to a group of people and one of them die
You should arrange to have an attorney knowledgeable in probate review the various documents to determine the legal status of what appears to be the decedent uncle's undivided 1/3 interest in the property which he appears to have held as a tenant-in-common with his two siblings. Upon his passing, this undivided interest, if it is as described above, should pass into his estate to be distributed according to his will or the laws of the state governing intestacy (dying without a will).
Also, if the decedent uncle held title to his share of the property as described above as a tenant-in-common, his surviving siblings would have no claim to his share.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
