Legal Question in Wills and Trusts in North Carolina
My will states my estate goes to my son and daughter share and share alike at my death. If either my son or daughter dies before me and my will is not changed, will my entire estate go to the surviving son or daughter or will the children of the deceased son or daughter receive their parents part. Thank You Lin Whichard
1 Answer from Attorneys
Mr./Ms. Whichard:
Your will should name someone to receive the property in the event that a child passes away before you. North Carolina has an "anti-lapse" statute. What this means is that as your will stands, if you left property to a child and the child died, then any children by your deceased child would inherit their deceased parent's share. On the other hand, if your will specified that the assets would pass to the surviving child, then they would not pass to the children of the deceased parent.
You need to consider what you want to do with your assets as only you can make this decision.
If you wish to consult me and have me review your will and redraft a new one, feel free to contact me.
Rachel Hunter
Attorney at law
(678)-687-9693
Admitted in GA, PA & NC
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