Legal Question in Wills and Trusts in North Carolina

Yes your mother needs a will. You and your brother would share equally under the intestacy law, but if that is not what your mother wants then it is very important that she make a will. Under the anti-lapse statute, if your brother dies before your mother and your mother has no will at the time of her death, then your brother's children would inherit your brother's share. Again, if this is not what your mother wants, she needs to make a will.

Have your mother contact my office if she would like a will fand related documents drafted for a reasonable fee.