Legal Question in Wills and Trusts in North Carolina

it depends on the situation. Need to know specifics about what type of property, how it is titled, etc.

I am unclear as to your question. Is the land located in NC? Different states have different laws so that is why I ask. In NC, property is owned as either by tenants in common, a joint tenancy with or without rights of survivorship, or a tenancy by the entireties (only for married people).

If you are married, property passes at death to the surviving spouse. If two siblings have a joint tenancy, the land will pass automatically to the survivor if there is a right of survivorship. If there is a joint tenancy without right of survivorship where all individuals own in equal shares, or there is a tenancy in common (the shares of each owner may not be equal), then the share of the deceased owner passes to his or her heirs as named in the will. If there is no will then the share of the deceased person's property will pass as per the intestacy laws of the state where he or she resides at the time of his/her death.

There is a brief exception - husbands and wives do not automatically have a tenancy by the entireties. I would have to see the deed to the property, but generally if it has magic language indicating that the parties are married, then there is a tenancy by the entirety; e.g.,

"Grantor conveys to Grantees, John Doe and Jane Doe, husband and wife ...."