Legal Question in Wills and Trusts in North Carolina

Not exactly but it is more complicated. If you are on the deed as tenants by the entirety, you automatically get it at death. Otherwise it follows the will and there could be other issues that come up such as the property passing through the estate which could cause more fees to the clerk of court, less creditor protection (if husband now or ever gets judgment against him) and of course, your husband can always change his will.

I agree with Attorney Rosner. It would be better for him to do a quitclaim deed to himself and you as husband and wife, indicating that the land is owned as a tenancy by the entireties. This way, the land will pass to you automatically outside of probate, thus avoiding probate fees. Tenancy by the entireties will also protect the land from most creditors of either of you.

As things are now, the land would have to go through probate and your husband could always change his will. And if a judgment were entered against your husband, it would depend on if the property was owned free and clear or how much equity was in the property. Depending on the circumstances, the property might be at risk of execution if there were a judgment.

If you have been married 38 years, when did your husband acquire the property? If it was after your marriage, then your name should have been on the deed.