Grandparents inheriting real estate from my uncle

[alminor]

What is the name of your state (only U.S. law)? North Carolina

My grandparents inherited real estate from my uncle after he died. His will stated that he would leave all of his property, both real and personal to my grandparents “in equal shares, share and share alike, per stirpes.” Does this mean that my grandparents own this real estate by tenancy by the entirety, or tenancy in common? (Yes, they are still married.)

 

[FlyingRon]

If they were married at the time they inherited the property and the property is in North Carolina, then indeed they own it by the entirety unless they specifically did something to sever that (which would take them both to agree to do so).

 

[alminor]

If they were married at the time they inherited the property and the property is in North Carolina, then indeed they own it by the entirety unless they specifically did something to sever that (which would take them both to agree to do so).

So, they own it by entirety, even though the will specifically says “equal shares, share and share alike”?

 

[Zigner]

So, they own it by entirety, even though the will specifically says “equal shares, share and share alike”?

If that's how they want to own it, yes.

 

[Taxing Matters]

So, they own it by entirety, even though the will specifically says “equal shares, share and share alike”?

That language only serves to indicate that they each get an equal share of the property to be distributed, which is perfectly consistent with any form of joint ownership, including tenancy by the entirety. Put another way, that wording does not dictate the type of title the beneficaries take in the property they receive from the estate. Rather, when the property is transferred to a married couple, NC statute provides that the title is tenancy by the entirety unless the deed expressly provides for something different. Specifically, NC statute § 39-13.6(b) states:

(b) A conveyance of real property, or any interest therein, to a husband and wife vests title in them as tenants by the entirety when the conveyance is to:

(1) A named man “and wife,” or
(2) A named woman “and husband,” or
(3) Two named persons, whether or not identified in the conveyance as husband and wife, if at the time of conveyance they are legally married;​

unless a contrary intention is expressed in the conveyance.​

So look at the deed. If the deed is in both their names and they were married at the time the deed was granted then title is tenancy by the entirety unless the deed expressly says otherwise.

I’m curious though, why does the form of title matter to you so much? Your grandparents may arrange the title between them any way they want to do it, and they get to decide who gets it after they pass away.