For Your Information

Frequenty Asked Questions

Question: What happens to my assets if I die without a will?
Answer: The state of North Carolina will make the decisions for you according to its intestate succession laws. The North Carolina intestate laws are designed to distribute your assets to certain relatives in certain amounts.

Question: Who will care for my minor children if I die without a will?
Answer: If both parents are deceased, a judge of the court will determine who will serve as guardian of your children. Naming a guardian for your minor children in a Will is one of the most important things you can choose to do as a parent.

Question: What is probate?
Answer: Probate is the legal process in which a court oversees the distribution of the property owned by the person who has passed away. This process is intended to ensure creditors are paid and property is distributed to those identified in the Will or identified by the intestate succession laws of North Carolina.

Resources

http://www.ncbar.org/download/planningYourEstate/index.html - is a joint project of the North Carolina Cooperative Extension Service, NC State University and the Elder Law Section of the North Carolina Bar Association. It is designed as a guide to help you work with your attorney to develop an estate plan appropriate for you and your family.

http://www.americanbar.org/groups/real_property_trust_estate/resources/estate_planning/estate_planning_faq.html - provides an overview of estate planning issues, wills, trusts, probate, etc.

http://www.laweasy.com/ - is an assortment of free articles, tips, and forms on subjects including estate planning and administration, business and finance, real estate, divorce and religion.

http://www.arcnc.org/services/life_plan_trust/faq.shtml - provides information about Life Plan Trust, a non-profit agency, which works with families of individuals with developmental disabilities, mental illness and other disabilities to help develop comprehensive plans for future care, and can serve as trustee for funds designated for the benefit of a family member.

www.secretary.state.nc.us/ahcdr - offers the opportunity to voluntarily register a copy of health care advance directives. Once a document is registered, it can be accessed over the internet by those with whom you share your access information.