What are the consequences of failing to properly execute a will?

When someone in North Carolina dies without a valid will or other estate planning documents in place, it can have serious consequences. This is known as dying “intestate” and means that the state of North Carolina will determine how the deceased’s assets are distributed. Without a will, the state’s laws of intestacy will determine who inherits the deceased’s property. In addition, if there is no will, the court will appoint someone to handle the deceased’s estate, called an “administrator.” This may not be the same person that the deceased would have chosen to handle their estate, or even the person they would have chosen to receive their property. In North Carolina, if there is no will or other estate planning documents, the laws of intestate succession will establish how the deceased’s assets will be distributed. This may mean that the deceased’s property will be distributed in a way they did not intend, but rather according to the state’s laws. In addition, the costs associated with estate administration, such as attorney’s fees, may be greater than if the deceased had taken the time to create a properly executed will. Finally, if the deceased had minor children, without a will there may be no legal guardian appointed to raise the children according to the deceased’s wishes. In summary, failing to properly execute a will can have serious consequences. Without a will, the deceased’s property may be distributed in a way they did not intend and the costs associated with estate administration may be greater. In addition, if the deceased had minor children, a legal guardian will not be appointed to raise them according to the deceased’s wishes. For these reasons, it is important to properly execute a will in order to ensure the deceased’s wishes are met.

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