Q: my father died without a will. I have started the probate process and have been appointed personal representative.
surviving are my sister and me. there is a mortgaged home.Can I pay that with personal funds and have the deed in my name. my sister will sign off rights to the property
A: North Carolina is a bit strange when it comes to inherited real estate. Based on the facts you have stated, you and your sister are the current owners of the real estate as tenants in common. She could deed you her interest in the property. Until creditors are cut off through the estate process, the real estate can be reclaimed by the estate to pay creditors so you may not want to invest much in the property until it is clear.
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