By Tony Cline
We say this over and over again: everyone needs a will to direct who gets their property when they die and avoid the default inheritance laws of this state. But the truth is, for some people, dying without a will and having their assets go to their “intestate heirs” is okay by them. However, in a country where families are having fewer children, and people are making the decision to cohabitate without getting married, the number of people who will leave behind no intestate heirs will only increase in the future.
If you die without a will and with no intestate heirs, your assets will “escheat” to the state, meaning that all of your property, real, personal, and intangible, will become the property of the state of North Carolina.
If you have no intestate heirs and do not want the state to take your assets, you must have a will. Even a simple will can prevent escheat by naming the desired recipients for your property. Oftentimes, people without intestate heirs will choose a charity, which they prefer over the government. Even if you currently have intestate heirs, there is no guarantee they will survive you, so naming backup beneficiaries can help prevent escheat. If you need assistance with drafting a will, call Jesson & Rains PLLC for assistance.
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