In N.C. if a spouse dies and there is no will does the estate automatically go to the surviving spouse?

I heard that the State (NC) could intervene and cause hardship to the surviving spouse. Is this a fact or myth?

Thanks gang all help appreciated.

-- Kenneth in N.C. (wizardsplace13@hotmail.com), July 15, 2001

Answers

Not in Kenutcky. If a spouse dies, the family of the spouse can ask for half of everything. Crazy isn't it. We each have to have a will, leaving everything to each other, and then naming someone should something happen to both. Best to be certain no matter what the law, and a will is only 40 dollars thru a lawyer's office.

-- Cindy in KY (solidrockranch@msn.com), July 15, 2001.

If there is no will, everthing goes through probate, a long, expensive process that the State makes sure everyone that might be owed money to gets paid and settled up with. This process can take a year or more to go through, in the mean time, NOTHING can be accessed from the estate in question, no money or property removed, etc., that is why it is sooooo important to HAVE a will!

-- Annie Miller in SE OH (annie@1st.net), July 15, 2001.

Just got an email from a law student at NC State. Looks like we had better prepare our wills if we want to be sure where stuff goes. He's sending me a copy of the part I was questioning. I'll post it if its not to long. Just in case anyone else was wondering.

-- Kenneth in N.C. (wizardsplace13@hotmail.com), July 15, 2001.

North Carolina Property Distribution If You Do Not Have a Will

IF YOU ARE MARRIED:

Spouse Surviving and No Children or Descendants of Children Surviving

No Parent Surviving All real and personal property to Spouse

One or Both Parents Surviving · First $50,000 of personal property to Spouse · One-half of all remaining property to Spouse · One-half of all remaining property to Parent(s)

Spouse Surviving and Children or Descendants of Children also Surviving

One Child Or his or her Descendant(s) · First $30,000 of personal property to Spouse · One-half of all remaining property to Spouse · One-half of all remaining property to Child or Descendant(s)

Two or More Children or Their Descendants · First $30,000 of personal property to Spouse · One-third of all remaining property to Spouse · Two-thirds of all remaining property to Children or Descendants

Electronic Publication FCS-273-3.

http://www.ces.ncsu.edu/depts/fcs/estates/no_will.html

-- Kenneth in N.C. (wizardsplace13@hotmail.com), July 15, 2001.

Two other aspects on wills to consider.

Many wills now include a provision if the will is challenged by someone and they lose, they have to pay all court costs plus are totally out of the will. Say you leave $X to three children and 1/2 $X to another for whatever reason. If they challenge and lose they are out at least their 1/2 $X. I can give you the wording out of my will if desired.

You do not need to give a list of who is to get what as part of the will, but may be able to include it as an amendment or attachment which can be changed without having to redo the basic will itself. My will distributes major items but then says whoever is administering the estate will allow my surviving siblings to indicate what items of mine they may want. If they are the only one to request it, it is theirs. If two or more want something, distribution is to be by a drawing.

Be sure to include who (arranged in advance) is to receive guardianship of any minor children if both of you were to die.

Wills have probably torn apart more families than any other aspect. I have nieces and nephews in Milwaukee who still don't talk to each other six years after a will was settled mostly in favor of one of them (because he was the one who was there when he was needed for his parents).

The more specific you make your desires known, the fewer problems there are likely to be. All of my sisters know exactly what my will calls for. My brother is fairly clueless at my desire.

I also have a living will which specifies in much detail how I am to be treated if I cannot survive without excessive life support systems. Includes that I will be cremated with my ashes scattered over my farm. I asked my younger sister to mix in a bottle of Michelob first. She asked if she could process it first. I said I wouldn't know the difference at that point.

-- Ken S. in WC TN (scharabo@aol.com), July 15, 2001.

You may also want to check out if your state has a death tax or inheritance tax when planning your Will. Also, if you are setting up a Will, don't forget a Living Will and also a Power of Attorney. I work for a law firm that specializes in probates and it never fails, there is always one member of the family who creates trouble, even if it is minor trouble. Be specific like Ken said in his post. If you have a lot of assets, your Will needs to be more than a basic Will. And, will cost more.

-- JoAnn in SD (jonehls@excite.com), July 15, 2001.

In ALL legal matters, ALWAYS seek the advice of an attorney. They charge a lot but you know it will be done right.

-- Nancy (NAWoodward@lakewebs.net), July 15, 2001.

Hi, Ken. OK, I'll admit some people might think this is a little crazy, but I have my pets mentioned in my will. They will be left in care of someone along with enough money so their upkeep for life will be guaranteed. I know this isn't exactly related to your question, Ken, but I just wanted to remind people while they are thinking about wills not to forget their four footed children.

Jennifer L.

-- Jennifer L. (Northern NYS) (jlance@imcnet.net), July 15, 2001.

I just lost my dad this last Dec. and he had what is called a living trust. We have had no trouble with ANYTHING or ANYONE. Might be worth checking out. Does anyone know the pros and cons of such a trust?

-- Melle Jan in Bon Aqua (janado@msn.com), July 16, 2001.

Be very careful of who you pick to care for your animals that survive you, I heard a horrible story involving this very scenario. An older woman had no spouse or children, she had an older (27 at the time) field hunter (horse). Well, she passed and in her will she left $20,000 to care for this horse and set her nephew up as his caretaker. The horse was at an auction, a low end auction at that, the evening of her funeral. It's a miracle that this horse didn't end up in a slaughter house because of his age. A good friend of mine ended up buying him last year and he's now doing 4H shows (I haul him to the shows--he's a peach) Everything worked out well for this horse but he was very lucky.

Stacy in NY

-- Stacy Rohan (KincoraFarm@aol.com), July 16, 2001.

Living trusts become irrevocable trusts at death and cannot be changed, but people still can cause trouble, for instance, accuse the trustee of mishandling the funds, etc. We see it a lot at the office I work at. I agree with Nancy in seeking an attorney's advice. Look for one that specializes in estate planning. Setting up a trust costs a lot more than a Will also. Regarding pets, a lot of people make provisions for their pets, and set up trusts just to make sure there are funds available to take care of their pets. Treat that decision just as if you are appointing a guardian for your children. Good people, bad people. They are everywhere.

-- JoAnn in SD (jonehls@excite.com), July 16, 2001.

Go to www.nolo.com they have an informative website, and they sell a lot of do-it-yourself legal forms, as well as books on estate planning. Even if you do go to a lawyer after all, reading their stuff will give you an idea of what questions to ask.

-- GT (nospam@nospam.com), August 11, 2001.