Legal Question in Wills and Trusts in North Carolina

If you inherit unimproved property in a will jointly with a sibling and the sibling dies 5 years later, does the property become solely yours or can the deceased sibling in turn will their half to another person?


Asked on 11/19/12, 5:52 pm

1 Answer from Attorneys

It depends on how you and the sibling owned the property. Even though you inherited it, you could have made a new deed making you joint tenants with right of survivorship. If you did thism then the land would solely belong to you.

If you never got a new deed made and you and the sibling inherited, it was as tenants in common. That means if your sibling died, his/her share would pass to his/her estate and be distributed as per the siblings's will, if any, or via the intestacy laws of the state where the sibling lived at the time of his/her death.

If the latter situation applies and you want the land, then you will have to buy out the share of the beneficiary/heir of your deceased sibling.

See an experienced probate/real estate attorney to assist you. Ideally, you will need a real estate attorney where the land is located as that is the attorney who will have to prepare a new deed.

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Answered on 11/19/12, 8:26 pm


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