Legal Question in Wills and Trusts in North Carolina

Ms. Evans,

I am sorry for your uncle's condition. If your uncle is currently single but only has a child with the second spouse, then as things stand now, then yes, his child will inherit under the intestacy laws. May I ask, is this a child your uncle had during wedlock? If the child is illegitimate, has paternity been established even though he has not had a relationship with the child?

This is important as the child might not inherit if paternity has not been established. In such case, the child would have to prove paternity which is not impossible even after death.

It would be far easier if your uncle could make a will. That way, he could disinherit this child if he so chooses and he can dispose of his assets as he sees fit.

Even though he is ill with cancer, is he mentally competent? If so, I live in the Raleigh area and I would not mind coming to your uncle's home and obtaining the information and preparing a simple will for a reasonable fee.

If he needs other documents, such as powers of attorney and so forth, I can prepare those as well.

If he is able, please have him give me a call.

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