Fletcher, NC asked in Estate Planning for North Carolina

Q: Is a will enough to make sure if either husband I pass away, the property goes to living spouse? Or must have trust?

We want 100% go to living spouse. Just need to make sure this. We have adult kids and grandchildren. In the event both of us died then we can let them have the asset.

But when one of us died, we want to make sure the living spouse is not left in a limbo and have to leave the house.

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1 Lawyer Answer
Ben Corcoran
Ben Corcoran
PREMIUM
Answered
  • Estate Planning Lawyer
  • Yadkinville, NC
  • Licensed in North Carolina

A: Depends on what you mean by property, real property passes outside the estate unless specifically brought into the estate. However, with most married couples the property automatically passes to the surviving spouse by virtue of the deed. Bank accounts and stocks are very similar, where they frequently pass outside the estate but normally to the spouse.

I suggest that you speak to a local estate attorney to help you plan your estates and set up as much as possible to pass outside the estate as that is the most cost-efficient method.

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