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Barrister
Barrister, Lawyer
Category: Real Estate Law
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Experience:  16 years real estate, Realtor. Landlord 26 years
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what has priority a North Carolina will written in 19977 which

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what has priority a North Carolina will written in 19977 which states that property is to be divided. (written at a time when there was solo ownership), or a deed from 2003 with tenancy in common with right of survivorship?
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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what has priority a North Carolina will written in 19977 which states that property is to be divided. (written at a time when there was solo ownership), or a deed from 2003 with tenancy in common with right of survivorship?
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Are you sure that that deed isn't a "joint tenancy with right of survivorship"? There are two kinds of ownership in a deed, "tenants in common" or "joint tenancy with right of survivorship".
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Thanks
Barrister
Customer: replied 3 years ago.


sorry, it is Joint tenants with full rights of survivorship. The will was just found for my life partner (we were married in Mass in 2004)

Ok, that is what I thought...
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A will controls the assets in a decedent's estate and determines who gets what. If a piece of real estate is held as joint tenants with right of survivorship, then when one joint tenant passes, their interest extinguishes at the instant of death. This means that they no longer have any ownership interest in the property. Since this is the case, the will doesn't control what happens to the property because the surviving joint tenant automatically takes sole ownership upon the other joint tenant's death.
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So to answer your question, the joint tenancy will trump the will because the property is not in the decedent's estate.
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Thanks
Barrister
Customer: replied 3 years ago.


Thank you, XXXXX XXXXX great, now if I have just found a will that is not signed or notarized 7 months after the death and some things were not done exactly as the will requests what should I do, or better what am I legally required to do?

You are very welcome.
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As for the latest document, an unsigned will is invalid. So anything in it would not be legally binding. It only controls a decedent's estate when it is properly legally executed so as to be a legal document. In NC a will must be signed by the testator as well as two witnesses. If this didn't occur, then it is just a piece of paper with writing on it, not a legal will.
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So you have no duty to do anything with it as it is not a legal document.
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Thanks
Barrister
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