Legal Question in Wills and Trusts in North Carolina

Please re ask your question. This one was way too vague. What would you like to know about not having a will. You will need to post some fact about your situation so that it can be answered.

What is the question? When people in NC die without a will, then their assets pass to the surviving spouse and any biological or adopted children. The percentages will vary depending on what the deceased owned, whether the person was married or had children.

If there is no spouse or children of the deceased and no lineal descendants (grandchildren, great grandchildren etc.) then the property will pass to the parents of the decedent. If they are dead, then to the dead person's siblings or the siblings' children if the siblings are deceased too.

The law tries to find the closest relative to inherit, but there are limits. If there is no one within a certain degree of kinship, then the property will escheat to the estate.

Of course, this assumes that there are probate assets. If the deceased was 92, never married, and lived in a nursing home prior to death and had no significant assets (land, car or money) then there isn't going to be much to inherit by anyone. And if the person got Medicaid, Medicaid is mandated to seek recovery from the person's estate.

Even if there are probate assets, if the dead person had debts, those have to be paid before the heirs get anything.

What did the dead person own? How was it titled? Where did he/she live at the time of death? Was the person married, divorced or single? Did he/she have children? If not, what are the names of parents (if any) and siblings? What is your relationship to the deceased? When did the person die? What debts did the person have?

You need to get information answering all of these questions and go and see a probate attorney who practices in the county/state where the dead person lived prior to death. The attorney will then be able to review your situation and advise you as to the probate process.