Real Estate and Mortgage in Probate

[vballmike]

My question involves estate proceedings in the state of: NC

I am helping a friend whose husband passed away a couple of months ago. He did not have a will.

We are beginning the probate process. She will be appointed administrator of the estate.

The deed to their home is titled "John and Jane Doe". In NC, does this mean the deed is "with rights of survivorship? The house was purchased while they were married. Or will the house have to go through probate?

Also, there is a 1st mortgage and a HELOC, in both their names. I understand the mortgage and HELOC will follow the property. If the house is "with rights of survivorship", it's my understanding the house does not go through probate, but passes directly to her, and she will get the 1st and the HELOC. If this is the case, can assets from the estate be used to pay any of the mortgage and HELOC? Or does she just get the house and all the debt?

If the house goes through probate, will the mortgage and HELOC be paid off through the estate, and then retitled according to intestate rules? There are other assets in the estate sufficient to pay them off.

He has 2 adult children from a previous marriage.

If this is the case (property retitled to her and the 2 daughters ), I assume, after the estate is settled, the daughters can transfer their interest in the property to her via a quitclaim deed? Is this correct?

We will have an attorney to advise, but was trying to get some info here.


Thanks in advance for your help.!

[jk]

where is lists the names of the owners, does it say anything such as


as joint tenants possibly followed by; with rights of survivorship

as tenants in common

as tenants in the entirety

[vballmike]

Thanks for the quick response.

I will check tomorrow.

Mike

[vballmike]

Held as Tenants in entirety, with rights of survivorship. So that will pass to his wife. There is a 1st and HELOC on this property, both in both their names. Is there any way to pay a portion of these with monies in the estate? Reason I ask, he used the HELOC to purchase other real property which is in his name only, therefore that property is in the estate.

Or does she just get the house and both liens?

Thanks

Mike

[jk]

I am not sure. Have not dealt with tenancy in the entirety enough to know how the debt is handled. Hopefully another around here can assist.