Legal Question in Wills and Trusts in North Carolina

I do not quite understand about the insurance. Why is your employer insuring your husband? Do you mean that you were able to purchase a policy on your husband or that your husband was somehow able to get a policy because you are an employee? In that case, you would designate yourself and children as the primary/contingent beneficiaries. When your husband die the money would automatically pass to you. If the children are under age 18, the money would pass to them but it would have to be in a trust or something.

I don't know who "they is" ... Alien lizards? Creditors? Insurance is a non-probate asset as long as the money is paid to a named designated beneficiary. That means it is paid directly to the named beneficiary, not your husband's estate and it is not available to pay his creditors. What I suggest that your husband review the beneficiary of his life insurance policy to make sure that it names his spouse as primary beneficiary.

A house also is a non-probate asset if it is jointly owned between a husband wife as a tenancy by the entireties. If you don't know, go and look at the deed in the county where the house is located. Most NC counties are online and you can access the deed free of charge. Under the grantee should be the names of you and your husband with words like "as husband and wife" or something similar. If the house is only in your husband's name, he may want to add you to the deed. That is not all that expensive to do. In such case, see a real estate attorney about that.

Your husband not having a will is inexcusable. He needs one as do you, along with other estate planning documents like a financial power of attorney and healthcare power of attorney and living will.

I can prepare any or all of those for you and your husband at a reasonable fee. Please email me at [email protected] if interested.