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

Q: My father recently died. His wife died a year ago. He never removed her name from the deed. Will her kids be entitled to

the proceeds from the sale of the house?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Probate Lawyer
  • Sacramento, CA

A: When a property is co-owned and one of the owners passes away, the distribution of their interest in the property depends on how the deed is titled and the laws of the state in which the property is located. If the deed was held as "joint tenants with right of survivorship," then upon the death of one owner, their interest automatically passes to the surviving owner, in this case, your father. This means that your stepmother's children would not have a claim to the property upon your father's death, as it would have become fully your father's upon her death.

However, if the property was held as "tenants in common," then your stepmother's share would not automatically transfer to your father upon her death. Instead, her share would be distributed according to her will or, in the absence of a will, the state's intestacy laws. This could potentially entitle her children to a portion of her share of the proceeds from the sale of the house.

To determine the rights to the proceeds from the sale of the house, you should review the deed to understand how the property was owned and consult with an attorney familiar with estate and property law in your state. They can provide guidance tailored to your specific situation, taking into account the deed's language and applicable state laws. This will help clarify whether your stepmother's children have a legal claim to the proceeds from the sale of the house.

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.