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Can a surviving spouse claim the whole house without survivorship? | NC

Pierce Law Group

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Q: Can a surviving spouse claim the entire house if the deed did not include survivorship rights? A: Usually no — if the deed created a tenancy in common and did not include survivorship rights, the deceased owner's share does not automatically go to the surviving spouse. That share usually passes through the estate, either under a will or under intestate succession if there is no will. The…

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