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'With right of survivorship' means that when one co-owner of a property dies, their share automatically transfers to the surviving co-owner. This arrangement simplifies the transfer process and avoids the complexities of probate. Understanding this aspect is essential for North Carolina landlord tenants with right of survivorship to make informed decisions about property ownership.
For example, let's say that you and your two siblings inherit your grandfather's farm as joint-tenants with the right of survivorship. While more than one of you still lives, each co-tenant has an equal right to use the property. After two siblings die, the sole survivor becomes the sole owner of the property.
Disadvantages of joint tenants with right of survivorship JTWROS accounts involving real estate may require all owners to consent to selling the property. Frozen bank accounts. In some cases, the probate court can freeze bank accounts until the estate is settled.
§ 41-72. Determination of the interests of joint tenants in a joint tenancy with right of survivorship. (a) The interests of joint tenants in a joint tenancy with right of survivorship shall be deemed to be equal unless otherwise provided in the instrument of conveyance.
Entireties property can exist only between spouses and is recognized in North Carolina only in real property (real estate). In addition to the automatic, implicit right of survivorship feature, each spouse's interest in entireties property is protected from the creditors of the other spouse.
The surviving spouse automatically becomes the sole owner of property held as tenancy by the entirety, and is not disposed of by a will or otherwise disposed of by the intestate succession statute if there is no will.