Legal Question in Wills and Trusts in North Carolina

Obviously, whoever made up the will erred.

I haven't seen the will (nor has any other attorney here for that matter) but there are several possibilities.

Assuming that all debts are paid or there are no debts, then the heirs can take whatever is assigned in the will. Since there are more bequests than there would be assets, gifts could be adeemed (basically the heirs don't get them). There is a specific formula for ademption - first the residue clause, then demonstrative gifts and thenspecific bequests. So that may be one way but the person whose gift is adeemed understandably may not be too happy.

Another way might be for the executor to give all the heirs a rough percentage of what they would have got so that the percentages all add up to 100%. That way may be more fair.

Or the family can get together and work out a family settlement. As long as all the debts and expenses are paid, then the executor should not have a problem with.

I suggest that the executor of the estate, if he/she has not already hired an estate attorney, go and pay for a consult with a probate attorney who practices in the county/state where the will is or will be probated. Have the attorney review the will and see, in light of assets and debts, what makes the most sense.

Failing that, the estate attorney will have to bring a declaratory judgment action and ask the court to decide. All the beneficiaries can get their own lawyers and object or put in their own interpretation. This choice is going to be the most expensive option and if there is not a lot of money involved, litigation makes no real sense because the lawyers are the only ones who really win. It would be much better for the executor and all the beneficiaries to sit down and have a family meeting with the estate attorney and get some kind of family agreement worked out. Some people may end up with a little less but when you factor in the costs of litigating they will come out further ahead. People do not understand but litigation is VERY costly - lawyers that I know charge $250 an hour or more.