Will Vs Deed Ownership

Summary

In north carolina, a deed with rights of survivorship generally takes precedence over a will. If your mother-in-laws name is on the deed, she may retain ownership despite the will. To evict occupants or contest the will, legal consultation is advised. Consulting an attorney can provide clarity on ownership and eviction rights.

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Found a will that my mother in laws husband had done 2 days before his passing leaving the estate to his sister. My mother in laws name and her husbands name were on the deed to the house. She moved out in * but her husband passed away in *. Does her name being on the deed over rule the will.
In North Carolina, the deed generally takes precedence over a will if the property is jointly owned with rights of survivorship. This means your mother-in-law's name on the deed may allow her to retain ownership despite the will. Consulting a local attorney for clarification is advisable.
Can she have the * brothers of her husband evicted
To evict the brothers, your mother-in-law must establish her ownership or legal right to the property. If her name is on the deed with rights of survivorship, she may have the right to evict them. Consult a local attorney to review the deed and will for specific guidance.
how does she get ownership of the propert
Case Rating: *
In North Carolina, if your mother-in-law's name is on the deed with rights of survivorship, she may already have ownership after her husband's passing. To gain full ownership, she may need to probate the will or file a quiet title action if contested. Consulting an attorney can provide more clarity.
Can my mother in law contest the will
Case Rating: *
Your mother-in-law can contest the will if she believes there was undue influence or the will wasn't properly executed. However, if her name is on the deed with rights of survivorship, she may already have ownership of the property. Consulting with an attorney is recommended for further steps.