This will must be signed in the presence of two witnesses, not related to you or named in your will. If your state has adopted a self-proving affidavit statute, a state specific self-proving affidavit is also included and requires the presence of a notary public to sign the will.
Charlotte North Carolina Last Will and Testament for Divorced and Remarried Person with Mine, Yours and Ours Children
Category:
State:
North Carolina
City:
Charlotte
Control #:
NC-WIL-01704
Format:
Word;
Rich Text
Instant download
Description
This is a Legal Last Will and Testament Form with Instructions for Divorced and Remarried Person with Mine, Yours and Ours Children. The will you have found is for a divorced person who has remarried. This will is to be used when there are children of the present marriage and either one or both spouses have children from prior marriages. It provides for the appointment of a personal representative or executor, designation of who will receive your property and other provisions. It also establishes a trust for the estate left to the minor children.
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FAQ
To be valid, the person making the Will (the testator) must, with the intent to sign the Will, sign it personally or direct another person to sign it in the testator's presence.
Your spouse only, no children or parents living: Your spouse will receive all property that could pass under a will. 4. Your spouse and one child: Your spouse will receive the first $60,000.00 of personal property, one-half (1/2) of the remaining personal property, and one-half (1/2) all real estate.
Under North Carolina's statute regarding wills, divorce doesn't revoke the entire document. Per North Carolina General Statute § 31-5.4, dissolving your marriage only affects the provisions in the will that applied to your spouse during your marriage.
The surviving children will split 2/3 of the real estate and the remaining personal property assets in equal shares under the rules of intestacy in North Carolina. Again, surviving or predeceased parents do not matter to the equation if there is a surviving spouse and at least one surviving child.
Neither marriage or divorce nor the birth or adoption of a child revokes a will. Marriage does alter a will to the extent that North Carolina law provides an ?elective share? of a deceased person's estate to his or her spouse.
Spouses in North Carolina Inheritance Law If you have no living parents or descendants, your spouse will inherit all of your intestate property. If you die with parents but no descendants, your spouse will inherit half of intestate real estate and the first $100,000 of personal property.
29-14. As detailed in this statute, if the person who dies is survived by a spouse, the spouse will take in one of the following manners: If the person who dies is not survived by a child, a grandchild, or a parent, the spouse takes the entire estate, both real and personal property.
Q.Is Inheritance Considered Marital Property in a North Carolina Divorce? No. Unless the inheritance was giving as a marital gift or the spouse receiving the inheritance contributes the funds into a shared bank account or provides the additional spouse reasonable access to the inherited assets.
Lack of a Signature and/or Witnesses A will that is unsigned or fails to meet the witness requirements may not be legally enforceable under North Carolina state law. You can contest a will on these grounds.
Attested Wills An attested Will is a written Will that is not completely in the handwriting of the testator. To be valid, the person making the Will (the testator) must, with the intent to sign the Will, sign it personally or direct another person to sign it in the testator's presence.