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

Q: Am I entitled to any assets or does it go to her heirs?

My father died without a will and his wife(StepMom) passed 3 years later. The Deed states that it was Joint Tenancy with Rights of Survivorship.

2 Lawyer Answers
Anthony M. Avery
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Answered

A: Consult with a NC attorney... But it does not sound like you are a heir nor next of kin.

A: When property is purchased by a married couple in NC, it is assumed they own it as Tenants by the Entirety. Based on your representations, it would appear that when your father died, the property would pass to his surviving wife. When she died, it would go to her heirs, and you would not inherit.

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