Legal Question in Real Estate Law in North Carolina
Estate Home
My father in law passed away last year-state of VA. He & one of his sons are on the deed for a house the Dad bought in NC that the son lives in. While living, the Dad paid the loan. Now he is deceased & the brother hasn't paid in 2 months. My husband is the executor of the estate. Does this come back on the estate or is the brother whose name is on the deed fully responsible?
1 Answer from Attorneys
Re: Estate Home
If the brother jointly held title to the N. Carolina property with his father(now deceased)with the right of survivorship, the property would've passed directly to him outside of the estate and the probate process. Which, of course, means that he would now be the sole owner of this property---and all of the debts which go with it, none of which could very likely now be charged to your deceased father's estate.
However, to make sure that that is in fact the case, the executor should arrange for a N. Carolina attorney to go to the courthouse in the locality where the property is located and examine the deed to accurately determine exactly how title passed to the brother which should clarify the issue which you're obviously concerned about, i.e., the possible liability of the estate for debts associated with this N. Carolina property.
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