Legal Question in Wills and Trusts in North Carolina
Deed
Could you please advise me as to what Tenants in Common with each means? The deed reads: It is the intention of the Grantor to convey a tenancy by the entirey ofo an undivided fifty percent ownership interest to (Son-In-Law) and (Wife) and an undivided 50% ownership to (Father) as tenants in common with each other. Does the deed override the will? Or should we go by the will, the estate is now closed and this property was sold without the heirs signatures.
1 Answer from Attorneys
Re: Deed
You would need to supply more facts such as who died and what did the will say, etc. Any attorney would also need to look at the deed and estate file itself before answering these questions.
From what you appear to be saying, the deed indicated that the son-in-law and wife own 50% as tenants in common with the father. If the father dies, his share can pass by the will. If either the son-in-law or wife died, their spouse would own 50% with the father.
Again, if you need a specific answer to your individual problem, I would recommend consulting with a local attorney.
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