Asked in Probate for North Carolina

Q: Father died intestate his new wife wants to disinherit his children from previous marriage.

If no will exists do the real estate deeds determine joint tennancy by entirety? What proves the children are disinherited and the joint tenants were by entireity and not in common? There is no trust some of the records of deeds at one time states shall include grantor and grantee their succesors and heirs. It seems unfair for the children to be cheated if no will or trust exists. What can be done can the wife avoid probate to cheat the children? I guess if property is held by a husband and wife it is assumed to be joint tenants by the entirety so the children end up getting shafted.

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1 Lawyer Answer
Cheryl R. Watkins,
Cheryl R. Watkins,
  • Probate Lawyer
  • Licensed in North Carolina

A: It is very difficult to address your question as I would really need to gather more facts here. But I can say, in general, how a decedent's assets are distributed is a very complicated process governed by the law of wills, trusts, intestacy, probate, contracts, and real estate and how those laws apply and are interpreted in any given specific situation.

Feel free to contact my law office if you seek to retain an attorney for this matter.

Office: 704-544-3394


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