• Just a heads up for those of you who use Tapatalk to access NCH&F. I will be removing support for that app effective immediately. The reasons are many, but the primary one is that it allows spammers to post here without first being authorized to do so. This, coupled with their increasingly aggressive and invasive ads and pop ups, has caused us to remove them from the site entirely.

Y'all got a will?

v8stang289

Eight Pointer
The wife and myself did wills and an estate plan about a year ago. Didnt outline individual items like guns, cars, etc. But did include real property, finances, child custody, beneficiaries, executors, trusts and the like.
The lawyer advised that for items like guns and other valuables we could make lists and keep them with the will documents. That way we wouldnt have to go to a lawyer if we needed to change something trivial.

A large credit union in the state does estate planning for mbrs at a reasonable cost, so we took advantage of it.
Hoping I dont need it for a long time, but at least I know everything is in place should something happen.
 

JONOV

Twelve Pointer
that clerk was wrong unless it was a LONG time ago,,like prior to 1960,,, and before then it was a real mess where depending on how the land came into the family the spouse may get nothing,,

in NC if one passes without a will, the estate goes 1/2 total interest to surviving spouse and 1/2 total interest to surviving children (split evenly) or deceased child's children,, the children (or the surviving spouse) can do quitclaims and it functionally ends up in one set of hands,, but only if they want to,,,

if no children, the parents get looped in,,

if it was done otherwise, it wasn't probated correctly,,, but since you're the only child doubt there is issues,,,

I have probated 3 estates in NC and 1 estate in Wisconsin (doesn't count here),,, dyeing without a will can cause way more issues than with one,,,

my FIL and MIL both passed with no will - still dealing with the final issues on that,,,and it's been 4 years,,,
There are (and were) asset limits involved with intestate succession. Also, how the deed to the house was titled. “Joint tenants with rights to survivorship” would mean that Mom got the house irrespective of a will or lack thereof. But I can see it turning into a disaster if it’s been a family homestead for 100 years. I know that it was a nightmare for them to sell the farm my mom has a 1/50th interest in...because they had to get signatures from all 10 kids or their heirs. No one was difficult, just a lot of them.
 

guyo

Ten Pointer
We have a will but everything is in both are names tractors farm equipment boat 4 wheeler , land ,homes. I have 3 guns that I will pass on 1 to my SIL 2 to my Grandson. I love lever guns and have quite a few , but I have no attachment to them , I know they will taken care of when I pass. As far as my wife goes we will have been married 50 years as of June 26 she knows as much about everything as I do, maybe more. lol
 

41magnum

Twelve Pointer
NEXT best way to help your kids is to set up and PAY FOR YOUR FUNERAL NOW! He actually made monthly payments for a few yrs.
Just another thing Dad did 15 yrs before he passed.
NOT having to deal with a funeral home except to sign a few papers was a HUGE blessing.
Dealing with grief can be overwhelming, and THEN be expected to make all these decisions about which coffin, etc, etc. ??
PLUS, it saves the estate thousands of dollars, since it costs LESS when purchased when compared to when ya pass, typically. Had Dad not done this, it would have cost us $3-4k more.
He sure was smart, and I sure miss him. Part of the Greatest Generation that grew up during The Great Depression.
 

30/06

Twelve Pointer
If your married and especially if you have kids you better have a Will. Would you want the state of NC responsible for picking who/where the kids go?
 

lasttombstone

Kinder, Gentler LTS
Contributor
According to Roundball's post I'm golden, just as I thought. It helps to be old, not have much and share everything with the wife.
 

ellwoodjake

Ten Pointer
Even if you make an airtight will, it means nothing if the executor doesn't execute it. My wife's grandparent's place still belongs to the "heirs." Great grandkids are now squatting in it, the executor is long gone, nobody can sell it, house is falling apart and no one can insure it. But hey, they had a legal will, 40 years ago when they died. Lesson learned, make sure you appoint a competant executor who will do it in a "timely" fashion. Ma and Pa, had seven kids, and all are now gone without getting a dime from the homeplace. Grandkids are now starting to drop off as well. Last time the wife did the math, they're are probably between 40-50 heirs, scattered all over the country
 

woodmoose

Administrator
Staff member
Contributor
Even if you make an airtight will, it means nothing if the executor doesn't execute it. My wife's grandparent's place still belongs to the "heirs." Great grandkids are now squatting in it, the executor is long gone, nobody can sell it, house is falling apart and no one can insure it. But hey, they had a legal will, 40 years ago when they died. Lesson learned, make sure you appoint a competant executor who will do it in a "timely" fashion. Ma and Pa, had seven kids, and all are now gone without getting a dime from the homeplace. Grandkids are now starting to drop off as well. Last time the wife did the math, they're are probably between 40-50 heirs, scattered all over the country
Exactly
 

Moose

Administrator
Staff member
Contributor
Even if you make an airtight will, it means nothing if the executor doesn't execute it. My wife's grandparent's place still belongs to the "heirs." Great grandkids are now squatting in it, the executor is long gone, nobody can sell it, house is falling apart and no one can insure it. But hey, they had a legal will, 40 years ago when they died. Lesson learned, make sure you appoint a competant executor who will do it in a "timely" fashion. Ma and Pa, had seven kids, and all are now gone without getting a dime from the homeplace. Grandkids are now starting to drop off as well. Last time the wife did the math, they're are probably between 40-50 heirs, scattered all over the country
Only if you choose not to take action.... a trip to clerk of court and a lawyer will take care of an executor that won't carry out the will as its recorded.
 

KTMan

Twelve Pointer
Contributor
Yes but waited way to long to do it. Probably need to update since it’s been 5-6 and I’ve acquired a few more properties.

I honestly feel like ours is not specific enough. It all goes to living spouse first so that’s easy. But if something happens to both of us it needs to be more specific
 

ellwoodjake

Ten Pointer
Only if you choose not to take action.... a trip to clerk of court and a lawyer will take care of an executor that won't carry out the will as its recorded.
Nothing the heirs can do if the executor hid the will, did not record it, didn't tell anyone, and took it to the grave. The heirs only discovered the will when going through belongings. Lawyer, notary, and witness are dead as well
 

Moose

Administrator
Staff member
Contributor
If no will the state has a plan on how to split things up. Bottom line is you can get them out of the house if you want to fight.
 

UpATree

Eight Pointer
Contributor
About five years ago we did a thing with the NC State Employees’ Credit Union where you get an appointment, go to a branch, and in two hours, an attorney will make all your end-of-life documents for, I think it was about $300. Will, Living Will, POA, Healthcare POA. They notarize them right there and you walk out with them that day. If any of you are members, you can see if they still do it.
 

v8stang289

Eight Pointer
About five years ago we did a thing with the NC State Employees’ Credit Union where you get an appointment, go to a branch, and in two hours, an attorney will make all your end-of-life documents for, I think it was about $300. Will, Living Will, POA, Healthcare POA. They notarize them right there and you walk out with them that day. If any of you are members, you can see if they still do it.
They do, prices have gone up a bit though. $325 ind or $425 couples
 
Top