Alexandria, VA asked in Estate Planning and Probate for North Carolina

Q: My mom was named her husbands will. She passed before he did. The Will was never changed. Who inherits what was left her

Also named in the Will are his 2 daughters. My mom was the primary beneficiary of his estate.

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2 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: There is no way to answer your question without reviewing her husband’s will. Depending on the wording her share might have lapsed, in which case her share would go to the residuary beneficiaries in her husband’s will or if none then her husband’s intestate heirs. Or her share might go to the heirs under her will or if no will then her intestate heirs.

Angela L. Haas
Angela L. Haas
Answered
  • Estate Planning Lawyer
  • Raleigh, NC
  • Licensed in North Carolina

A: It depends on what his Will states. It most likely said that she inherits, only if she survives him, and if she does not survive him then _________ gets what she would have gotten. Unless you have a copy of the Will, you won't know who is designated in that blank space.

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