Understanding Intestacy in North Carolina (Part2)

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UNDERSTANDING INTESTACY IN NORTH CAROLINA (PART 2) What Is It? How Does it Affect You?

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Because the question of inheritances and intestacy is so important, everyone creating an estate plan should have a basic understanding of what intestacy is and how it works.

Transcript of Understanding Intestacy in North Carolina (Part2)

Page 1: Understanding Intestacy in North Carolina (Part2)

UNDERSTANDING INTESTACY IN NORTH

CAROLINA (PART 2)What Is It?How Does it Affect You?

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INSOLVENCY

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What happens if my estate has debts?

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If you leave behind MORE DEBTS THAN ASSETS,

you leave behind an insolvent estate

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In this situation, your creditors will have to be repaid first,

and your heirs will likely not receive anything at all

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PERSONAL REPRESENTATIVE

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Who takes control of my property after I die intestate?

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The probate court will appoint someone to manage your

property after you are gone

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This person is called personal representative

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EXECUTOR

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Can I choose my personal representative?

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If you die intestate you have no control over who your personal representative is

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However, if you leave behind a last will and testament

you can choose we want to serve

in this position

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A personal representative you choose in your will is

called an executor

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AVOIDING INTESTACY

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Can I avoid intestacy?

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ABSOLUTELY

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Even if you create a very simple

last will and testament, this will allow you to avoid

intestacy

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What’s more, creating other estate planning tools, such as

revocable living trusts, will not only allow you to avoid

intestacy, but will also allow you to keep

your affairs private