Understanding Inheritance When Estate Planning

Inheritance is something that we wouldn’t normally think about unless estate planning is taking place. Unfortunately, when considering this subject, it means we are thinking about our loved ones and their future after we pass. This can make things difficult. However, inheritance and making sure you document your wishes and how inheritance is received is essential. Today, our probate lawyer in Cary NC is going to talk more about this subject and how you can better understand it.

Probate Lawyer in Cary NC Talks Inheritance

In North Carolina, when someone passes away they should have a will and estate plan in place. Those who passed away without these can leave their loved ones with issues and court dealings that can be costly and time-consuming. Without creating a valid will and the state plan before passing away, you won’t be able to give specific instructions on how you like to leave your belongings to loved ones.

There are several types of laws and guidelines you can follow to make sure your inheritance specifications are done properly and in a way that is deemed a valid in a court of law.

Ex-spouses are normally not considered for inheritance unless it is specifically stated in the will. Those who divorce before passing on most often part ways, distribute assets as needed and don’t consider one another for inheritance. However, in some cases, ex-spouses could be considered for inheritance from their deceased former spouse in the event that the will was never updated post-divorce. In this case, there may be an issue with probate, as well as whether or not the estate plan is valid. This can be dealt with in a court of law. However, it’s important to understand that you can make things easier for your family upon passing if your will is valid and updated at the time of your passing.

Current spouses are always considered for inheritance. In North Carolina, they may be entitled to inheritance once their spouse passes away. It is possible to disinherit a surviving spouse in North Carolina. However, this can’t be done in probate court. It involves appointing an elective share. A probate lawyer in Cary NC can help with this situation.

In a previous blog post, we talked about prenuptial agreements. This can be considered when inheritance is being planned during estate planning. We stated in our previous blog that most people do not sign a prenuptial agreement when they marry, but it can provide protection when one spouse dies and does not want his or her assets left to the surviving spouse. This agreement can outline plans for the division of property or finances should the marriage end in divorce or death. It is not just used when one person has a substantial amount of money, either. It can be signed in order to protect one party if the other has debt he or she does not want the other to take on. It is also used in cases where one or both partners have children from another marriage so that they will remain protected.

If you’re interested in learning more about inheritance be sure to visit with our next blog. There, we will have more information.

Klish and Eldreth, PLLC | Probate Lawyer Cary NC

If you don’t have an estate plan in place or haven’t reviewed yours in several years, now might be the best time to start. Our probate lawyer in Cary NC is here to help you get your estate planning in order and ready should you pass in an untimely manner or become incapacitated at some point. It’s better to be safe than sorry when it comes to an estate plan. Contact our office.

As always, feel free to contact us at our office to schedule a consultation with if you are looking for a lawyer to represent you in other legal matters. We are here to assist you with small business needs, trademarking, copyrighting and  DWI issues.

Contact our office, today to make an appointment to speak with our probate lawyer in Cary NC. Don’t wait to start your estate planning!

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