Legal Question in Wills and Trusts in North Carolina

The Husband dies first, they have no children, he leaves everything to his wife to use to live in the samelife style as she was acustome to. Both of them had work full time and when they retired, they both were paid monthly retirement checks plus social security checks, they had a joint bank account. But in his Will,"when my wife dies' the remaining money & access are converted to money and given to my living relatives. How can he decitate to whom her money goes, and how does one find out just which is hers and how much of his money is left to be divided.


Asked on 5/02/11, 5:43 pm

1 Answer from Attorneys

I would need to see the documents but this makes no sense if the couple merely had wills and the wife outlived the husband (unless there was a longer survivorship period required by the will). However, if the husband had a trust, he could have provided that the bulk of his money would be used to support the wife and once she died then his money was to be distributed as he wished. In the latter case, the husband is not giving the wife the money outright but only allowing her to use some of the money.

Social Security ended at death. Retirement benefits usually pass outside probate to whomever was named as the survivor. If it went to the wife, then the assets would pass to her and would be part of her estate. I don't know if the wife had a bank account with anyone else now that the husband is dead. If not, then the assets in the bank account would pass as per the wife's estate.

All of this is said with a view that husband and wife are North Carolina residents. If not, different states have different laws and you should check with an attorney in the county/state where the couple lived at the time of their deaths. Pay an attorney to review the wills or trusts of each if you would be a beneficiary or executor.

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Answered on 5/02/11, 7:27 pm


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