When I Die in North Carolina, Will all of my Property Pass Through Either My Will or Intestacy?

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Charlotte Estate Planning Lawyer, Charlotte Wills Lawyer, Concord Wills and Estate Lawyer, Harrisburg Wills and Estate Lawyer, Huntersville Wills and Estate Lawyer, Matthews Wills and Estate Lawyer

The main determining factors for how property will pass upon your death in North Carolina are: the type of property involved, how that property is titled, whether beneficiaries are listed, and whether or not you have a Will.  If you do not have a Will and do not have any property that would pass through operation of law, then all of your property will pass through the intestacy laws of NC.  There are a number of items of property, including real property titled as tenancies by the entirety, and most retirement accounts and insurance policies, that will pass automatically by operation of law.  Accounts with named beneficiaries will pass automatically to those beneficiaries.

When creating an estate plan, it is important to align your Will with all of your assets that may not pass through probate to ensure you understand the full picture of how your property will be distributed upon your death.   Want to read more on this topic?  Read our full blog about how property passes at death in North Carolina.

Written by Bill Hunter
Co-Founder and Attorney
Hunter & Hein, Attorneys at Law, PLLC
www.hunterheinattorneys.com
704-412-1442

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If I Die Without a Will, All of My Property Will Just Automatically Go To My Spouse, Right?

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Charlotte Estate Planning Lawyers, Charlotte Will drafting lawyer, Charlotte wills and estate lawyer

Well, not exactly.  The Intestate Succession laws of our state dictate what will happen to property when a person dies without a will.  Your spouse will receive different portions of your estate depending on several factors, including the size of your estate and the number and type of family members that survive you.  We have created a blog that contemplates several different scenarios and how property will be divided in those scenarios based on NC intestacy laws.  Read the full blog on NC intestacy and your spouse for more information.

Need help?  Our estate planning attorneys serve clients in Charlotte, Huntersville, Concord, and Harrisburg in Mecklenburg and Cabarrus counties, and are well versed on the law and procedure involved in a wide range of Estate Planning matters.  We can help.  704-412-1442.

Written by Bill Hunter

Founding Member and Attorney
Hunter & Hein, Attorneys at Law, PLLC
704-412-1442
bill@hunterheinattorneys.com

What is the difference between a Will and a Living Will?

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advanced directives, Last Will and Testament, Living Will, Living Wills

A “Will” and a “Living Will” are two very different documents with different purposes.  A Will, also known as a “Last Will and Testament,” is an estate planning tool used by the creator of the Will to control how and property should be distributed upon death.  A “Living Will” is a document used to provide advanced directives regarding medical and life-prolonging measures in the event of your incapacitation. While having completely different roles, both documents important parts of any estate plan. For more, view our full blog on Wills and Living Wills.

If you have additional questions regarding these documents, or would like to speak to one of our estate planning attorneys regarding drafting these documents on your behalf, call 704-412-1442 today.  We can help.

Written by Bill Hunter
Founding Member and Attorney
Hunter & Hein, Attorneys at Law, PLLC
704-412-1442
bill@hunterheinattorneys.com

*Please note that the descriptions contained herein are informational in nature, are not comprehensive explanations of the law involved, and do not provide legal advice or create an attorney client relationship. The information on this page is not guaranteed to be up to date. The law on the topic(s) discussed herein may vary from state to state, or county to county. If you have a legal issue, it is important to contact a local attorney who can advise you properly on the law in your jurisdiction.