Property Rights After Death

Summary

In North Carolina, a deed with joint tenancy and rights of survivorship generally overrides a will or trust, granting the surviving owner property rights. Falsifying information on legal documents, like claiming false familial relationships, can be considered fraud. Legal action may be necessary to resolve disputes or evict unauthorized occupants. Consulting a local attorney is advisable for personalized guidance.

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daniel
Hi Daniel! How can I assist you with your legal issue today?
if me and my husbands name are on deed to the house but his name is on the refinance and he passes away but left a will or trust supposedly and the nieghbors name is for them to get the house does my name being on the deed over ride that will or trust
In North Carolina, if both your names are on the deed, you typically have a right to the property. The deed generally takes precedence over a will or trust if you are joint tenants with rights of survivorship. You may want to consult a local attorney to review the specifics of your situation.
so a deed over rulles a will or trust
Yes, typically in North Carolina, if both names are on the deed as joint tenants with rights of survivorship, the deed takes precedence over a will or trust. This means the property would automatically pass to the surviving owner, regardless of the will or trust. However, consulting with a local attorney for personalized advice is recommended.
what if the neighbor put herself as the daughter on a motification application and she is not biologicaly his daughter
Case Rating: *
In North Carolina, falsifying information on a legal document, like claiming to be a biological daughter on a modification application, can be considered fraud. You might want to consult a local attorney to discuss the potential legal actions you can take against this neighbor. Is there any other detail you can provide about the situation?
so i could legally have them evicted out of the house since my name is on the deed
Case Rating: *
In North Carolina, if your name is on the deed and you have rights of survivorship, you generally have ownership of the property. You may need to pursue legal action to evict someone, especially if they claim ownership. Consulting a local attorney could be beneficial for your situation.