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?

Related Topics:
2 Lawyer Answers
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Probate Lawyer
  • Knoxville, TN

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.

Ben Corcoran
PREMIUM
Ben Corcoran
Answered
  • Probate Lawyer
  • Yadkinville, NC
  • Licensed in North Carolina

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.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.