Legal Question in Wills and Trusts in North Carolina
When a home has been willed to three siblings, one has since passed away and the other is being bought out what do they have to do to get the deed put into their name and get the deceased persons name off of the deed?
1 Answer from Attorneys
They need to see a lawyer. However, there may be some issue with the deceased sibling. I assume that the sibling died after the parents and after the property was left to him or her. The problem is that when the sibling died, did the dead sibling have a spouse, child(ren) or make a will?
The interest of the dead sibling will pass as per his/her will. If the dead sibling had no will, then his/her share will pass as per the intestacy laws of the state where he/she lived at the time of death.
If by some chance the sibling died before his/her parents, then the other siblings will need to review the will of the last parent to die to see what it said about what would happen if one of the siblings would predecease the parent.
In the off chance that the sibling who died had no will, spouse or lineal descendants (children, grandchildren etc.) and both parents are deceased, then in that case the share of the deceased sibling will pass to the other surviving siblings. In this event, then a real estate lawyer will need to see the wills of the deceased parents and death certificate of the dead sibling ad he should be able to prepare a deed.