When planning for the future, many people focus on wills, powers of attorney, and healthcare directives — and overlook one major asset: real estate.
Whether it’s your family home, a rental property, or a piece of vacant land, how your real estate is titled can make or break your estate plan.
Let’s break down the critical details every North Carolina property owner needs to understand.
Why Real Estate is So Important in Estate Planning
Your real estate is likely one of the most valuable assets in your estate. But unlike your personal belongings or bank accounts, real property doesn’t always pass through your will. Instead, it may transfer automatically depending on how it is titled on your deed.
If you don’t understand the language on your deed, you could unintentionally create confusion, delay, and costly legal issues for your loved ones after your passing.
Common Mistakes We See with Real Property
We’ve worked with countless families in Charlotte and surrounding areas who were shocked to learn that their loved one’s estate plan didn’t work all because of incorrect assumptions about real estate ownership.
Here are the most common issues:
❌ Assuming the Deed Matches the Will
Many people assume that whatever is written in their will controls who gets their home. But if the property is jointly owned with survivorship rights, the surviving owner inherits the home automatically — regardless of what the will says.
❌ Not Understanding the Type of Ownership
When two or more people own property, it could be titled in several different ways, such as:
- Tenants in Common – Each owner has a separate share that passes to their heirs.
- Joint Tenants with Right of Survivorship (JTWROS) – The surviving owner automatically receives the deceased’s share.
- Tenancy by the Entirety – Available only to married couples in NC, provides certain protections and automatic survivorship.
Each of these has very different legal consequences after death.
How to Know What Your Deed Says
The key to proper planning starts with one important step: read your deed.
Look for language like:
- “Joint Tenants with Right of Survivorship”
- “Tenants in Common”
- “Husband and Wife as Tenants by the Entirety”
Pro Tip
Don’t rely on memory or assumptions. Many clients think they own property one way, only to find out later that the deed tells a different story.
What Happens If You Get It Wrong?
If your deed contradicts your estate plan, the result can be:
- Family disputes
- Delays in probate
- Extra court proceedings
- Thousands of dollars in legal fees
In some cases, it may even prevent your loved ones from inheriting the home you intended for them.
How to Fix It — The Right Way
The good news? With the help of an experienced estate planning attorney, these issues can be prevented. Here’s what we do for our clients:
- Review all property deeds for accurate titling
- Explain how ownership affects your estate plan
- Recommend changes or deed updates if needed
- Coordinate your estate documents to match your goals
Whether you’re married, divorced, buying a home alone, or inheriting land your plan must reflect your unique situation.
Don’t Let Real Estate Derail Your Estate Plan
At Sabrina Winters, Attorney at Law, PLLC, we’ve seen firsthand how real estate mistakes cause heartbreak and headaches for grieving families.
Let’s make sure that doesn’t happen to yours.
What You Can Do Today:
📄 Find and review your deed
🖥️ Self-schedule a consultation at www.sabrinawinterslaw.com
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Tomorrow isn’t promised — but peace of mind is. Let’s create a plan that works exactly how you intend it to.