Legal Question in Wills and Trusts in North Carolina

I don't quite understand the questions. A deed of trust is not a real trust. Its a mortgage - the borrower mortgages property and the bank holds the deed of trust until the mortgage is paid.

Do you mean a revocable living trust? If so, then there should be a pourover will accompanying the trust.

If you really mean a will and a deed of trust, then your question makes no sense. Its not a question of one holding "more ground" than the other. Both are valid. A will only becomes active at death. If the person made a will, then got married and then mortgaged property, the will is valid. The problem is that the will made before marriage might not have included the spouse. In that case, the spouse, who is the only person who cannot be disinherited, might be able to claim against the decedent's estate. I don't know what the spousal share would be as I do not know what assets the decedent had. You seem to indicate that the property was owned as a "tenancy by the entireties" i.e., as husband and wife? If so, the surviving spouse would inherit the land subject to any mortgage unless the will directed otherwise.

I would need to see the documents in order to better assist you. If you would like review for a fee, please contact my office.