Comments on: What Happens If I Die Without A Will? http://ncwillsandtrusts.com/2009/03/what-happens-if-i-die-without-a-will/ Tue, 06 Mar 2012 15:34:38 +0000 hourly 1 http://wordpress.org/?v=3.0.4 By: Jackie Bedard http://ncwillsandtrusts.com/2009/03/what-happens-if-i-die-without-a-will/comment-page-1/#comment-14268 Jackie Bedard Tue, 06 Mar 2012 15:34:38 +0000 http://ncwillsandtrusts.com/?p=280#comment-14268 David, it is going to depend upon a few factors, but there may not be much that can be done at this point. The distribution instructions regarding personal property are set out by statute: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_29/Article_2.pdf And generally, without a will, the surviving spouse receives all or most of the personal property. See Section 29-14(b)(1). David, it is going to depend upon a few factors, but there may not be much that can be done at this point. The distribution instructions regarding personal property are set out by statute: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_29/Article_2.pdf And generally, without a will, the surviving spouse receives all or most of the personal property. See Section 29-14(b)(1).

]]> By: David http://ncwillsandtrusts.com/2009/03/what-happens-if-i-die-without-a-will/comment-page-1/#comment-14267 David Tue, 06 Mar 2012 15:18:10 +0000 http://ncwillsandtrusts.com/?p=280#comment-14267 A friend of mine recently passed. She leaves behind a husband, teenage child, both parents and of course, no will. There were lots of family items (furniture, jewelry, stuff...) that her family would like to make sure her child's interest is protected. I guess this would be personal property, but it was given to HER (the deceased) and not THEM (the couple). What is the best course of action for her surviving parents to provide/guarantee for their grandchild. A friend of mine recently passed. She leaves behind a husband, teenage child, both parents and of course, no will. There were lots of family items (furniture, jewelry, stuff…) that her family would like to make sure her child’s interest is protected. I guess this would be personal property, but it was given to HER (the deceased) and not THEM (the couple). What is the best course of action for her surviving parents to provide/guarantee for their grandchild.

]]> By: Jackie Bedard http://ncwillsandtrusts.com/2009/03/what-happens-if-i-die-without-a-will/comment-page-1/#comment-13842 Jackie Bedard Mon, 13 Feb 2012 13:50:52 +0000 http://ncwillsandtrusts.com/?p=280#comment-13842 Not necessarily. It very much depends on the circumstances at the time in question. If there is a need for liquidity, then selling the property might be needed to settle any debts or obligations of your husband's estate or it may be deemed in the best interest of the beneficiaries (i.e., you and the children). If having sufficiently liquidity is a concern, then I would consider looking into life insurance and putting a will in place that clearly documents you and your husband's wishes. Not necessarily. It very much depends on the circumstances at the time in question. If there is a need for liquidity, then selling the property might be needed to settle any debts or obligations of your husband’s estate or it may be deemed in the best interest of the beneficiaries (i.e., you and the children). If having sufficiently liquidity is a concern, then I would consider looking into life insurance and putting a will in place that clearly documents you and your husband’s wishes.

]]> By: Jackie Bedard http://ncwillsandtrusts.com/2009/03/what-happens-if-i-die-without-a-will/comment-page-1/#comment-13841 Jackie Bedard Mon, 13 Feb 2012 13:47:00 +0000 http://ncwillsandtrusts.com/?p=280#comment-13841 While it depends on the specifics of the situation, North Carolina General Statutes 31-5.4 provides as follows: "Dissolution of marriage by absolute divorce or annulment after making a will does not revoke the will of any testator but, unless otherwise specifically provided in the will, it revokes all provisions in the will in favor of the testator's former spouse or purported former spouse, including, but not by way of limitation, any provision conferring a general or special power of appointment on the former spouse or purported former spouse and any appointment of the former spouse or purported former spouse as executor, trustee, conservator, or guardian. If provisions are revoked solely by this section, they are revived by the testator's remarriage to the former spouse or purported former spouse." Thus, it sounds unlikely that you are still entitled to anything under the terms of the will executed during your marriage. If there is a copy of the will available (i.e., not the original) there are procedures to go about having a copy probated. Although, if it is anticipated that the same people will inherit under the will ad would be the case under the intestacy statutes, then it sounds like the probate attorney may have used the appropriate discretion to determine that it does not make sense to waste estate funds looking for a will that is likely to yield the same ultimate result. As with all cases though, it depends on the specifics of your situation and you should consider consulting with an attorney for more specific advice. While it depends on the specifics of the situation, North Carolina General Statutes 31-5.4 provides as follows: “Dissolution of marriage by absolute divorce or annulment after making a will does not revoke the will of any testator but, unless otherwise specifically provided in the will, it revokes all provisions in the will in favor of the testator’s former spouse or purported former spouse, including, but not by way of limitation, any provision conferring a general or special power of appointment on the former spouse or purported former spouse and any appointment of the former spouse or purported former spouse as executor, trustee, conservator, or guardian. If provisions are revoked solely by this section, they are revived by the testator’s remarriage to the former spouse or purported former spouse.” Thus, it sounds unlikely that you are still entitled to anything under the terms of the will executed during your marriage.

If there is a copy of the will available (i.e., not the original) there are procedures to go about having a copy probated. Although, if it is anticipated that the same people will inherit under the will ad would be the case under the intestacy statutes, then it sounds like the probate attorney may have used the appropriate discretion to determine that it does not make sense to waste estate funds looking for a will that is likely to yield the same ultimate result. As with all cases though, it depends on the specifics of your situation and you should consider consulting with an attorney for more specific advice.

]]> By: Lisa http://ncwillsandtrusts.com/2009/03/what-happens-if-i-die-without-a-will/comment-page-1/#comment-13829 Lisa Mon, 13 Feb 2012 05:50:56 +0000 http://ncwillsandtrusts.com/?p=280#comment-13829 My ex-husband recently passed away suddenly. When we were married he had a will leaving his estate to me. Unfortunately he had become a hoarder and it has become impossible to find the will. The probate attorney will not allow funds from the estate to be used for a dumpster to search for the will. Is there anything I can do????? My ex-husband recently passed away suddenly. When we were married he had a will leaving his estate to me. Unfortunately he had become a hoarder and it has become impossible to find the will. The probate attorney will not allow funds from the estate to be used for a dumpster to search for the will. Is there anything I can do?????

]]> By: Deborah http://ncwillsandtrusts.com/2009/03/what-happens-if-i-die-without-a-will/comment-page-1/#comment-13796 Deborah Sun, 12 Feb 2012 00:25:33 +0000 http://ncwillsandtrusts.com/?p=280#comment-13796 If my husband dies without a will, will the property have to be sold to divide his estate between his children and myself? If my husband dies without a will, will the property have to be sold to divide his estate between his children and myself?

]]> By: Jackie Bedard http://ncwillsandtrusts.com/2009/03/what-happens-if-i-die-without-a-will/comment-page-1/#comment-11933 Jackie Bedard Mon, 28 Nov 2011 01:44:16 +0000 http://ncwillsandtrusts.com/?p=280#comment-11933 @Jeremy: I would review your father-in-laws records, including tax returns and bank statements for the past couple of years. Keep an eye out for property tax payments--this might help you track down the real estate. Check the tax returns for reported interest and dividends that might help you track down bank accounts. Good luck! @Jeremy: I would review your father-in-laws records, including tax returns and bank statements for the past couple of years. Keep an eye out for property tax payments–this might help you track down the real estate. Check the tax returns for reported interest and dividends that might help you track down bank accounts. Good luck!

]]> By: Jeremy http://ncwillsandtrusts.com/2009/03/what-happens-if-i-die-without-a-will/comment-page-1/#comment-11873 Jeremy Sat, 26 Nov 2011 03:29:37 +0000 http://ncwillsandtrusts.com/?p=280#comment-11873 My wifes father passed away recently and did not have a will. We know that he has several properties but really aren't certain on exact numbers or locations etc. What would you recommend we do in order to locate all of his estate, properties, money's and etc? We think he has/had property in other states as well. Thank you. My wifes father passed away recently and did not have a will. We know that he has several properties but really aren’t certain on exact numbers or locations etc. What would you recommend we do in order to locate all of his estate, properties, money’s and etc? We think he has/had property in other states as well. Thank you.

]]> By: Jackie Bedard http://ncwillsandtrusts.com/2009/03/what-happens-if-i-die-without-a-will/comment-page-1/#comment-6639 Jackie Bedard Fri, 08 Apr 2011 10:37:01 +0000 http://ncwillsandtrusts.com/?p=280#comment-6639 Summer, how the assets must be handled depends on several factors, including how the assets are titled and the total value of all of them combined. It's possible that the estate may be small enough to qualify as a small estate under NCGS Section 28A-25 (assuming that you're in North Carolina). If it is eligible, the process is more streamlined. I would contact the estates division of the courthouse in which the parent was a resident for more details. Summer, how the assets must be handled depends on several factors, including how the assets are titled and the total value of all of them combined. It’s possible that the estate may be small enough to qualify as a small estate under NCGS Section 28A-25 (assuming that you’re in North Carolina). If it is eligible, the process is more streamlined. I would contact the estates division of the courthouse in which the parent was a resident for more details.

]]> By: Summer http://ncwillsandtrusts.com/2009/03/what-happens-if-i-die-without-a-will/comment-page-1/#comment-6629 Summer Fri, 08 Apr 2011 00:08:01 +0000 http://ncwillsandtrusts.com/?p=280#comment-6629 If a parent dies, with no spouse, no will, and very few assets (small, inexpensive mobile home, a car, contents of home), no credit debt, and the surviving children are all in agreement on dealing with the estate, would probate still be necessary? Would it still work the same? If a parent dies, with no spouse, no will, and very few assets (small, inexpensive mobile home, a car, contents of home), no credit debt, and the surviving children are all in agreement on dealing with the estate, would probate still be necessary? Would it still work the same?

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