Legal Question in Wills and Trusts in North Carolina
Hi my question is this my only sibling died this April. we don't trust her husband at all. if my dad would die without a will and my mom is already decieced who would his estate go to me the son only? I am going to make sure her 2 boys get there moms part but don't want her husband to get anything.
2 Answers from Attorneys
Your father and mother should make wills. If either of your parents dies without a will, their property would pass to the surviving spouse and the children. Did the deceased sibling have any children at all? Ordinarily, the deceased child's share would pass to his or her children. That gets back to why your parents need a will. If the children are minors (under age 18), a trust can be set up for them and your parents can make sure that your sister's husband does not control the money.
Please have your parents contact me if they would like to have wills done.
Rachel Hunter
(678-687-9693
Your parents need a will. If they die without one, the property would go to you and the children of your sister. The property would not go to the husband - however, if the children are minors, then most likely he would have control over anything that went to them. If your parents have wills, they can set up a trust for the grandchildren and name someone other than the husband as the trustee.