intestacy

North Carolina Small Estates Administration

Posted on: May 19th, 2017
Executors may discover throughout the course of estate administration that the value of the estate falls within North Carolina’s statutory threshold for small estates. For qualifying estates, the law provides a means for heirs to receive the decedent’s property with minimal or no probate administration....

Inherited IRA Issues in North Carolina

Posted on: March 21st, 2017
Inherited IRAs face differing regulation based on whether the beneficiary is a spouse or a non-spouse. Marital status also influences how North Carolina’s intestate succession law applies to an estate, which may pertain to retirement accounts. FINRA released an Investor Alert early this year advising IRA beneficiaries to review inherited IRA tax implications....

Why an Executor Might Need Probate Counsel in North Carolina

Posted on: June 6th, 2016
An executor's knowledge of state and federal legislation pertaining to estate administration might be limited. This limited knowledge poses a risk of errors. ...

Discussing Inheritances With Children

Posted on: February 18th, 2016
Starting discussions during one’s lifetime about how personal items, collectibles, and assets will pass on can help to prevent conflicts after death. Surviving children might feel less inclined to contest a will if they understand that a parent’s wishes match the instructions in the will....

Elective Share Waivers in North Carolina

Posted on: October 13th, 2015
A case from the North Carolina Court of Appeals highlights the critical function of financial disclosure in the elective share process, while also showing the legal entitlements of a soon-to-be-former-spouse navigating divorce in North Carolina....

August is National Make-a-Will Month

Posted on: August 13th, 2015
An increasing number of Americans fail to plan appropriately for the future needs of themselves and their families, both through inadequate retirement savings as well as neglected estate planning. August is Make-a-Will Month...

Estate Planning Concerns for Adult Children Living With Parents

Posted on: July 16th, 2013
The numbers of individuals living with extended family have only been growing. Our North Carolina estate planning attorneys blogged about estate planning issues of the “Sandwich” generation – the large pool of Americans who are caring for both their children and their aging parents. ...

Estate Planning for Same-Sex Couples in North Carolina

Posted on: July 11th, 2013
The landmark federal ruling of the United States vs. Windsor in late June 2013 has deemed the Defense of Marriage Act unconstitutional. ...

What is an Heir Search Firm?

Posted on: June 10th, 2013
When an individual dies without a surviving spouse, siblings, parents, descendants, or named beneficiaries, their estate still needs to be distributed. ...

Can I Inherit Debt in North Carolina?

Posted on: March 29th, 2013
North Carolina estate planning discussions usually put an individual’s assets under the microscope. What trusts would avoid taxes best? How much should be designated for charitable contributions? ...

Most Americans Die Without a Will

Posted on: May 14th, 2012
I came across a recent article in the Yahoo Finance Blog, Half of Americans With Kids Set to Die Without a Will. If you are a North Carolina resident, what happens to your estate if you don’t have a will (you die intestate, in legal terms)? ...

North Carolina Estate Procedure Pamphlet

Posted on: January 21st, 2009
I recently had someone email me and ask if the North Carolina Estate Procedure Pamphlet, published by the North Carolina Administrative Office of the Courts, is accurate....

North Carolina Intestacy Calculator

Posted on: May 31st, 2006
​"Intestacy" refers to how a person’s property is distributed if he or she dies without a will. Pennsylvania attorney Kurt Nilson has created a web-based calculator for determine how an intestate estate will be distributed under North Carolina law....