Asked in Real Estate Law for North Carolina

Q: If someone dies before putting property inherited in their name what can her husband do to obtain property

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2 Lawyer Answers
Anthony M. Avery
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A: It sounds like wife was an heir of real property, but no Deed or Affidavit of Heirship was ever recorded showing her title. Husband should hire a competent NC attorney to search title, determine heirship, and file an Affidavit of Heirship. Other tenants in common may not even know wife owned anything, and will now act as the sole owners, excluding deceased wife's/husband's interest. Remember property taxes must be paid.

Ben Corcoran
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Ben Corcoran
Answered
  • Yadkinville, NC
  • Licensed in North Carolina

A: In NC as long as the first will or estate was properly probated, the property passed to the now-deceased individual. If the second will or intestacy proceeding names the husband as the sole beneficiary of the property, it is now in his name.

Without reviewing both estates and the original deed, I cannot determine who now owns the property.

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