Fayetteville, NC asked in Real Estate Law and Probate for North Carolina

Q: My mother passed in March. She and my sister own a house as joint tenancy. Is my sister now the sole owner?

I have been told thatI need to get an Attorney as administrator of the Estate due to their being 3 other heirs. I just want to know if that is necessary?

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Anthony M. Avery
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Answered

A: No such estate as "joint tenancy". Instead it is either joint tenancy with right of survivorship, or it is tenancy in common. And most likely the latter, where Mother's heirs take one half of the title. Hire a NC attorney to search the title, determine ownership, and advise how to deal with the actual title. Remember the taxes and note must be paid, or you lose the property.

A: Mr. Avery is not entirely correct here. I would not be surprised to see either type of ownership. It is very common to have a joint tenancy created among family members to avoid probate. In joint tenancy, everything would have passed to your sister the second your mother passed. To confirm this, you will have to have a lawyer review the deed.

You are not required to retain a lawyer just because of multiple heirs. However, it may well be in your best interests if there is animosity between the heirs.

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