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Estate and Elder Law

Most Americans Die Without a Will


I came across a recent article in the Yahoo Finance Blog, Half of Americans With Kids Set to Die Without a Will.  If you are a North Carolina resident, what happens to your estate if you don't have a will (you die intestate, in legal terms)?  Here's a link to the NC law on Intestate Succession: N.C.G.S. Section 29-13 et. seq.

If you have a spouse and children, you might be surprised to learn that your spouse will not necessarily get your entire estate.  This can can be especially problematic if you die owning real estate in your sole name and have minor children.  Guardianships would have to be established and authority granted from the court before the property would be able to be sold.  There are also a whole host of other potential problems that can be avoiding by having a will or living trust.

Bad things happen to the families of good people who die without a will.  Don't let this happen to you.

Gregory Herman-Giddens, JD, LLM, TEP, CFP, Attorney at Law (NC, FL, TN), Board Certified Specialist in Estate Planning and Probate Law (NC). North Carolina Registered Guardian, Solicitor, England and Wales. Follow his blog, North Carolina Estate Planning Blog..

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