Dying Without a Will

Writing a last will and testament can have a significant impact on the distribution of your assets following your death. Some people are surprised by the rules in the North Carolina laws of intestate succession for calculating the required division of property and distribution to beneficiaries if there is no will:

• If the deceased had no children or lineal descendants and no surviving parent, the surviving spouse would receive 100 percent of the deceased's real property and 100 percent of the deceased's personal property.
• If the deceased had no children or lineal descendants and at least one surviving parent, the surviving spouse would receive 50 percent of the deceased's real property, as well as the first $100,000 and 50 percent of the balance of the deceased's personal property.
• If the deceased had one surviving child or lineal descendant, the surviving spouse would receive 50 percent of the deceased's real property, as well as the first $60,000 and 50 percent of the balance of the deceased's personal property.
• If the deceased had two or more surviving children or lineal descendants, the surviving spouse would receive 33.33 percent of the deceased's real property, as well as the first $60,000 and 33.33 percent of the balance of the deceased's personal property.
• Surviving spouses have additional rights upon the death of their husbands or wives.

Contact us at 919-783-9669 today for help with writing a last will and testament.

Writing a last will and testament can ensure your property goes to the beneficiaries you choose. You may have decided in your mind who would get which portion of your property—and who wouldn't because of a relationship that no longer exists. If you never document those wishes, however, someone who is no longer a part of your life may reappear and create problems for your loved ones following your death.

Additionally, writing a last will and testament can make it clear to your beneficiaries—family, friends and loved ones—exactly what your wishes are so there is no confusion over the distribution of your property.

An experienced attorney can help you think through your last will and testament, as well as draft it and make it a legal document. Contact an attorney to discuss your will today.