What do you need to do in NC if your husband dies without a will?
Mar 04, 2010 / By: Cheryl K. David, Estate Planning Attorney / Category: Estate Planning, Probate Questions“my husband recently died without a will. I know what his wishes were but i don’t know what the law would be.”
I’m sorry about your loss. When someone dies without a will in NC the state has laws that are in place which state how the estate will pass. Typically, with married individuals, much of the estate is owned in both names. This is called joint tenancy with right of survivorship or tenancy by the entireties. When assets are titled this way they go automatically to the surviving spouse without court. So, if you owned your home together it goes to you. Accounts held together go to you. Other accounts have beneficiaries. If you are the beneficiary of your husband’s life insurance, IRA, 401k etc., then those accounts will roll over to you. Other accounts in just your husband’s name without beneficiary desigations must go through probate. Regardless, I recommend that you see an attorney to get guidance and advice.
Sincerely,
Cheryl David
Law Offices of Cheryl David
5606 W. Friendly Avenue
Greensboro, NC 27410
(336)547-9999
www.cheryldavid.com
*This answer is for information purposes only and does not create an attorney client relationship.
The Law Offices Of Cheryl David is a member of the American Academy of Estate Planning Attorneys.
