Legal Question in Wills and Trusts in North Carolina

This is a "residue" clause. The "residue" is whatever is left over after distribution of other stuff to the named beneficiaries.

You really need an attorney to review the entire document. Does the will contain any statements as to what happens if one of the 4 sons dies? Did one of the sons die before or after the father? If after, does the will contain any kind of requirement that the son outlive the father by a set period of time (like 3 days or 3 months?)

Without reviewing the will, assuming that the will is being probated in NC and contains no survivorship requirement and if there is no direction, then here is my best guess that one of the following will occur:

(1) if the son died before the father and the will says nothing about what happens if a beneficiary predeceases the father, and if the beneficiary had children, the children will take the share of their dead parent; if the son who died had no living children then the surviving brothers would inherit the share of the dead one; OR

(2) if the son died after the father died, then the son's share of the estate will pass to the son's estate and be distributed with the son's will if he had one or to the son's heirs under the intestacy law of the state where the son lived.