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Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 57390
Experience:  Licensed attorney helping individuals and businesses.
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1.) What happens in North Carolina if a person dies without

Resolved Question:

1.) What happens in North Carolina if a person dies without a will?

The will we have is my fathers (deceased 11 yrs ago) which states in the event of his death, everything goes to my mother and in the event of her death, the eldest son is to be the executor and the property should be divided equitably between the three surviving children. My mother is (who is very ill at this moment with no will of her own and has insisted my father's will is sufficient to accomplish her wishes - as stated in my father's will - which right now does not have her signature.

2. Or as explained, does my mother need her own will or simply signing my father's will and stating these are her wishes more sufficient?
Submitted: 8 years ago.
Category: Estate Law
Expert:  Infolawyer replied 8 years ago.
If someone has a will, assets pass according to the will. Some people also have trusts. If the person has neither, the assets would pass according to intestate. I am including a nice breakdown of who gets what in such a situation.    
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Customer: replied 8 years ago.
You did not answer my question conerning the applicability or viability with the will we do have...
Expert:  Infolawyer replied 8 years ago.
His will does not control what happens to her assets on her death. She would need her own will.