Legal Question in Wills and Trusts in North Carolina

Re: What is considered legal

To be legally binding, you would have to have a will. Without one, your estate would pass according to the "intestacy" laws of the State. Child custody or the appointment of a guardian would be handled by the local court. Although you can attempt to draft your own will, most people make mistakes in such attempts (like failing to excuse the executor from paying bond or failing to include a residuary...everything else...clause) and I would not recommend that you try to do so.

I would advise that in the future you prepare a will and do so when you and your husband have plenty of time to carefully consider how you would want your estate to be distributed. Sometimes a "rush" will is worse than no will at all.