October 26, 2009
North Carolina Wills: Information From The North Carolina Court System
While most people have heard the term “will” used at some point in their lives, it is worth taking a moment to discuss just what exactly a will is, and why it is something worth having.
According to the North Carolina Court System Website:
“A will is a written document in which you direct who is to receive your property upon your death. If you have any real property (land) or personal property (cars, jewelry, money) that you want to give to a specific person you must have a will. Otherwise, the property will pass to persons in accordance with the Intestate Succession Laws.”
Which then begs the question, what are Intestate Succession Laws?
Again, the North Carolina Court System offers a definition:
“These laws set forth how property is to be distributed when someone dies without a will. Generally, the property will pass to your surviving spouse and children, but not in equal shares.”
So why have a will? If upon your death, you want to give your real property or personal property to a specific individual, or individuals, then you need a will. Otherwise, the Intestate Succession Laws will dictate how your property is distributed upon your death.
You might think that you can write your own will, or use a “do-it-yourself” will form to assist you in writing your own will. Typically, this is a bad idea.
Now you might be thinking, “But you’re an estate planning attorney, of course you think writing my own will is a bad idea. You want my money!”
Well, don’t take my word for it. Take the recommendation of the North Carolina Courts:
“You should contact a lawyer for assistance in making a will, to ensure that it is properly drafted and correctly signed and witnessed. If a will is not prepared as required by law, it may be deemed invalid. An invalid will is useless, and your property will pass to your heirs by Intestate Succession.”
While drafting documents is important and necessary, building lifetime relationships with my clients is just as important. Submit your request for a free North Carolina estate planning phone consultation. I would be happy to discuss with you the best way to ensure that your property passes according to your wishes.
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- The Other Side of Having a Last Will and Testament in North Carolina
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- Is residency a requirement to a valid North Carolina Last Will and Testament?
