Eden, NC asked in Estate Planning and Probate for North Carolina

Q: Mom died with no legal will have half sister tht is not my biological father's daughter and she was never adopted intitl

My biological father never changed deed to property nor did my mom who has rights to property

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2 Lawyer Answers
Ben Corcoran
PREMIUM
Ben Corcoran
Answered
  • Estate Planning Lawyer
  • Yadkinville, NC
  • Licensed in North Carolina

A: I believe you are asking who now owns the property, and I couldn't answer that without seeing the deed.

Ethan A. Trice agrees with this answer

Ethan A. Trice
Ethan A. Trice
Answered
  • Estate Planning Lawyer
  • Columbus, NC
  • Licensed in North Carolina

A: This very much depends on what the deed itself says. Based on how the question is worded, it sounds like the deed was in one or both of your parents' names.

How your parents owned the property matters (with the default being tenancy by the entirety for married couples). If both your mother and father have passed away and neither had a will, then North Carolina intestacy law determines how the property passes. The order of their passing matters as does the content of the deed itself. North Carolina General Statute 29-15 defines the inheritance rules and shows who may inherit the property but to answer whether your half-sister has an interest or not requires more information.

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