For many of us, our children are the most important parts of our lives. Certainly, as we attempt to navigate all of the issues that come with divorce, not only child support and child custody but even the way we divide our property or decide whether or not to relocate for our job – our children are at the forefront of our minds. Though many things may change following a divorce, this is not one of them. Especially following the divorce, many parents are worried about their children-worried about how they will handle the transition from one home to two, and how they will deal with the complex emotions they may have. This is an understandable concern-and the truth is that unfortunately there is nothing you can do to entirely take away the pain of divorce for your children. The good news, however, is that there are things that you can do to help your children navigate this often difficult and emotionally confusing time, and come out healthy and happy on the other side:
Without question, worrying about your children and making the time and effort to ensure that they are taken care of and provided for throughout the divorce process and after should be one of your primary concerns as a parent. However, it is also important to remember that in the midst of caring for your children, you also shouldn’t forget to care for yourself. After all, it can be hard to fill others up when you are feeling empty yourself. Sometimes, people can have a tendency to neglect self-care or put it in the back burner following a divorce, feeling that there are simply more important things deserving of their time. We would argue against this misconception, and would encourage you to remember that when you feel better, and when you have more energy, you are better able to meet the challenges of each day, and to care for those you love.
Divorce is a complex process. After all, untangling two lives that have become intertwined over many years isn’t easy. There are many decisions you’ll have to make during the divorce process. As you prepare to make those decisions – decisions regarding the division of property (including your assets and debts), the potential sale of your home, the updating of your legal and insurance documents, and other important matters, gathering information pertaining to those matters ahead of time will help to simplify matters to some degree.
It is also unfortunate to say, but important to be aware, that in a divorce, relationships can become extremely strained. Often, people can become so emotional that they act in unpredictable ways which are completely out of character. It is not unusual for a spouse to take paperwork without the other spouse’s knowledge, or even to destroy important paperwork in anger, or out of a desire for revenge. Even if you may not expect that sort of behavior from your spouse, it is still a wise precaution to save copies of important documentation and information while you still have access to it.
Certainly, the information needed will vary depending upon your unique circumstances. However, information that is usually helpful to gather includes:
With respect to any documentation you may gather, it is always best to collect at least three to five years’ worth of information if possible, or more if you have been in a long-term marriage. Although gathering this information may be time-consuming and tedious, it is a worthwhile effort in the long run in order to save yourself time, expense, and headache down the road.
If you need to speak with an experienced divorce attorney, please contact Adkins Law to arrange a consultation.
As most of us well know, we live in a high-tech, digital world – a world which is becoming increasingly more so with each moment. It is a world full of “smart” devices – smart phones, smart cars, smart televisions, even smart homes. In so many ways, technology adds to our world. We are more connected than ever, the pace of business moves faster, and we can receive our news and updates from family and friends across the globe in an instant. All of these things are wonderful. As with all wonderful things, however, there are downsides. One of the downsides of technology, insofar as family law is concerned, is that it gives us the capacity to spy and eavesdrop on one another with greater ease than ever before. While people have always been able to spy on one another with more traditional methods like tracing, wiretapping, or hiring a private investigator, today’s technology makes it easier than ever before – and this can ultimately cause a number of problems for everyone involved.
Particularly in marriages that are already troubled, spying can be quite a temptation. It’s natural to what to know what we don’t know, and this can be a particularly strong urge when we suspect that our spouse may be having an affair or hiding a bad habit from us. This desire is entirely understandable. It is natural to hope to disprove our suspicions, or to be able to plan how we should take action if we find out that they are true.
While these feelings are understandable, and it is important to know that they should be resisted – for many reasons. Choosing to spy on your spouse is not only an unhealthy behavior that encourages mistrust – in many cases, it is also illegal. Many spouses who are emotionally stressed and desperate to find out the truth about their spouse so they can determine how to move forward unfortunately do not realize this or take it into account until it’s too late.
If you suspect that your spouse is, or may soon attempt to spy on you, or, alternatively, if you are thinking of spying on your spouse, you should contact an attorney immediately. Engaging in illegal methods of spying could not only be devastating from an emotional standpoint – it could also expose you to serious legal liability, which is the last thing you need as you contemplate divorce.
What the Law Says About Spying
Legally, from both a federal and state perspective, spying on your spouse is simply not a good idea. Indeed, both federal laws, and the laws of the state of North Carolina prohibit many commonly used methods of spying on one’s spouse. It is important to have a basic understanding of these laws in order to know what activities could potentially expose you – or your spouse – to liability.
The Electronic Communications Privacy Act and the Stored Wire and Electronic Communications Act are federal laws that apply to spying, and which are commonly referred to jointly as the Electronic Communications Privacy Act. Initially enacted in 1968, these laws were created to ban wiretapping of telephone line, but have continually evolved with changing times. Today, the law applies to such varied methods of digital communication as emails, cell phones, voicemails, text messaging, online chats, voiceover IP, and more.
Broadly speaking, the ECPA makes it illegal to record or eavesdrop on communications that your spouse makes without his or her consent. This would include wiretapping phone lines, installing spyware on a spouse’s computer without their knowledge, “hacking” into your spouse’s email account, and other similar activities taken without the spouse’s knowledge for the purpose of intercepting their communications.
Certainly, if your spouse authorizes you to read or listen to their communications then legality is not a concern. Unfortunately, however, what constitutes “authorization” can be somewhat of a gray area. These matters are best discussed with a knowledgeable and experienced attorney who understands the law and how it might apply to your particular circumstances, as courts decide these matters on a case-by-case basis. Generally, however, to determine whether your access to your spouse’s communications is likely to be considered “authorized” or not, is to ask yourself whether the actions you’re taking feel like an invasion of your spouse’s privacy. If the answer is yes, it would be best to avoid taking them.
North Carolina has its own act that addresses the interception of wire, oral, or electronic communications, known as the North Carolina Electronic Surveillance Act. This act addresses much of the same information as its federal counterpart, and makes it illegal to intercept your spouse’s communications – whether over the phone or electronically – without their consent.
In addition to these laws, those who are considering spousal spying should also be aware that North Carolina recognizes several tort claims that are also applicable to activities like spying. These causes of action are intended to protect privacy. One of those is known as “Intrusion upon Seclusion,” which essentially means that invasion of privacy is recognized in North Carolina as grounds for a lawsuit. In such a lawsuit, one spouse would assert that the other intentionally intruded into their private affairs, and that a reasonable person would find the intrusion highly offensive.
In order for such a claim to be successful, the intrusion does not necessarily have to be a physical intrusion – certainly, it could include hacking into an email account or bugging a phone. Physical intrusions qualify as well, however – placing a GPS tracking on a car without knowledge or permission, for example, might suffice to bring this type of claim as well.
North Carolina also recognizes other torts that could apply depending on the details of the situation, and consultation with an attorney to better understand the details of those laws would be a wise course of action.
Seek Legal Advice Before Spying
Without question, spying on a spouse can be tempting – particularly if you suspect your spouse of hiding hurtful or harmful behaviors. If you have reached a point in your marriage where you are seriously contemplating divorce, it is understandable to want to obtain information that will confirm or disprove your suspicions. Certainly, in some situations, evidence of inappropriate behavior can be helpful to your case during divorce proceedings, as we’ll discuss later in this guide. It is important to collect that information in the right way, though, and an attorney who understands the law can advise you as to how best to go about doing that in a legal manner. Consulting an attorney prior to taking any action that might be questionable or reflect poorly on you in a future divorce proceeding is always a wise decision, and we would encourage anyone contemplating spying to take that important step first.
In essence, after all of the foregoing factors are considered, our advice to those who are contemplating divorce would be this: Truly take the time you need to think through your decision in the most thorough manner possible. Divorce is a life-changing decision. That’s not to say that it might not be the right one, but it is a decision that certainly should not be made in haste, or from a place of intense emotion that might later subside. Truly think through your emotions, envision your future, and consider the practical realities of what divorce means. As you’re doing so, be careful not to take other actions – spying, having affairs, or engaging in other behaviors – that might be detrimental to you in future divorce proceedings. Doing so puts you on the best footing to go forward down whatever path you ultimately decide is best.
If you need to speak with an experienced family law attorney, please contact Adkins Law to arrange a consultation.
Criminal Conversation and Alienation of Affection Lawsuits
For those contemplating an affair, or who suspect that their spouse might be, it is important to realize that North Carolina law not only lists adultery as a criminal offense, but also has civil causes of action which can be brought against those who engage in affairs. These lawsuits are called “criminal conversation” or “alienation of affection” actions, and allow one spouse to sue for damages based on allegations of emotional harm caused to the marital relationship by a third party. These suits are usually brought by one spouse against the lover of the other spouse who had an affair, and in North Carolina, juries have awarded millions of dollars as a result of these lawsuits.
Understandably, it can often be difficult to prove that sexual intercourse actually occurred. As a result, in many of these situations, circumstantial evidence is accepted as proof. This essentially means proving that the spouse being charged with adultery had the opportunity and desire to engage in it. One example of this might consist of proving that the spouse being charged and the third party booked a hotel room and spent several hours there together alone without the other spouse’s knowledge. Though it is not actual proof that intercourse occurred, circumstantially, it might be considered sufficient.
It is important to take the possibility of such lawsuits seriously. Though they can be complex and require meeting a certain burden of proof, if successful, it is not unheard of for plaintiffs to receive jury awards in the amount of hundreds of thousands of dollars. If you are contemplating an affair, or believe that your spouse might be, this is certainly important information to know and to keep in mind.
If you are considering cheating on your spouse, the possibility of your spouse bringing one of these lawsuits should the affair be discovered should give you pause. If a relationship is meant to be, it ultimately will be – but waiting for the proper timing is best. Rushing into something that could not only have significant financial consequences, but that could also be used against you in a custody or alimony determination is simply not the best course of action.
On the other side of the coin, if you believe that your spouse had, or continues to have an affair, consulting with an attorney as to whether a lawsuit for criminal conversation might be an option in your circumstances a is wise decision. It is certainly understandable to be hurt and angry if you feel that you have been betrayed by someone you love and who you believed loved you.
Depending on the circumstances, however, it may not be worth the time, effort, and emotional expenditure that filing a lawsuit of this nature might require. In many cases, defendants in these lawsuits are ultimately unable to pay the significant damages assessed against them – they simply don’t have the financial means. In those situations, a spouse who feels hurt will have to decide if obtaining a judgement that will have little or no financial benefit is ultimately worth it. Consulting with an attorney can be very helpful in making that decision, and is always advised.
If you need to speak with a family law attorney to learn more about separation, divorce, alienation of affection, and criminal conversation, please contact Adkins Law to arrange a consultation.
 Only six other states – Hawaii, Illinois, Mississippi, New Mexico, South Dakota, and Utah also have laws allowing a spouse to sue for damages on the basis of emotional harm caused by a third party to the marriage.
Understandably, the issues of child custody and child support often go hand-in-hand. Though divorce may end the marital relationship, it certainly does not end the relationship parents have with their children – or their obligation to support those children. And without question, most parents want to support their children – out of love, and not simply because the law requires it. As with child custody, given our modern trend toward cooperative and collaborative legal negotiation, child support obligations may be determined by the parties based on their needs and lifestyle, or it can be determined by the court based on statutory guidelines.
Regardless of which method you ultimately choose to determine child support amounts for your particular situation, having a basic understanding of how child support generally works can be beneficial – after all, the more understanding you have, the easier it will be to negotiate and settle upon an agreement that works well for everyone involved.
Most often, child support is a monthly payment from the non-custodial parent to the custodial parent to provide for the couple’s children who are in that parent’s custody. Its purpose is to ensure that even though the family is transitioning from one home to two, the children are able, to the greatest degree possible, to maintain their usual routine and standard of living. It is typically a long-standing arrangement, often lasting until the children in question are eighteen years old.
Defining Support in a Parental Agreement
As with issues of child custody, if you believe that you and your spouse are capable of working cooperatively towards a goal together, then addressing it in a separation agreement is an excellent option, as it gives you more leeway to determine what works best for your particular circumstances, and more flexibility to make changes to the agreement as your life situation changes. Choosing to address child support in a separation agreement means that you can ensure that your agreement fits your needs – even if those needs are different than what is normally provided for under the legal guidelines. For example, in a separation agreement, the parties may agree to extend support payments beyond the age of eighteen, address payment of private school or college tuition expenses, or attend to other circumstances that are important to the parties but that might not be provided for by law.
Allowing the Court to Determine Support
If parents are ultimately unable to come to an agreement on child support themselves, they can always ask the court to make the determination. Once the parties have requested the court to make that determination, the court is not bound by any support obligations previously set forth in any separation agreements.
In North Carolina, courts determine child support obligations using the North Carolina Child Support Guidelines. These guidelines were created to help calculate support obligations, and are revised at least every four years to adequately reflect cost-of-living increases. To determine your approximate child support obligation, you can use the calculator provided on our website, and can also download the appropriate child support worksheets utilized for calculating potential obligations. Typically, there are three worksheets used for calculating support under the guidelines:
Generally, when determining a support obligation, the court will look to the income of both parties from all sources. This includes not only the salaries of the respective parties, but also any stock options, IRA accounts, investments or other sources of income. In addition to considering the income of both parties, the court may also consider other factors, including, but not limited to:
Courts will often also consider and add extraordinary expenses, like special child care, extra medical expenses, counseling expenses, or necessary special education expenses, and will allocate those expenses between the parties as the court deems reasonable in its discretion.
Though in the vast majority of cases, courts use the North Carolina Child Support Guidelines in determining support obligations, there are certain situations in which courts will deviate from those guidelines. Some of these circumstances include:
In these cases, courts will make the support determination on the basis of the child’s actual needs and expenses, as opposed to utilizing the formula set forth in the guidelines.
Regardless of how the support obligation is ultimately arrived at, after it has been determined, North Carolina law allows for one spouse to pay the support directly to the other at the required times, if both parties are in agreement. In other instances, however, child support can be paid through the North Carolina Child Support Centralized Collections (NCCSCC), who will then send the child support to the receiving parent through either direct deposit or debit card. Often parents choose to send support payments through NCCSCC in order to have a documented record of all support payments made from one parent to the other in case a dispute should ever arise.
In discussing support, it should also be noted that parents who are in the midst of the divorce process may request temporary support, even if the divorce has not yet been finalized. This makes sense after all, particularly if one spouse has already moved out of the marital home. In these instances, the party needing the support can request a hearing for temporary support, and following a hearing, the court can enter a temporary support order, which will remain in place until a permanent child support order is issued. Requesting temporary support involves a number of steps, it is always a wise decision to seek the help of a trusted attorney in doing so.
 It is important to remember that if you have more than one child, and your child support agreement or order does not allocate the support amounts between the children, then you must seek a modification when one of the children reaches the age of 18 instead of simply stopping the payments, unless the original agreement or order contains an automatic termination date for the obligation. It should also be noted that if your child is 18, but is still attending high school, you cannot seek to terminate your support obligation until the child graduates, otherwise drops/fails our of school, or turns twenty, whichever is first.
If you need to speak with an experienced child support lawyer, please contact Adkins Law to arrange a consultation.
As children grown and as life circumstances change, children’s needs may change too. In some cases, one parent or the other loses a job. In other cases, unanticipated medical expenses arise, making it difficult to make ends meet. In still other cases, a child may be diagnosed with a learning disability that requires special education at a private school. Ultimately, one of life’s truths is that we should expect the unexpected. In those circumstances, one of the parties, or both parties, may wish to modify the existing support obligation.
If the parties have agreed upon a support obligation as part of their separation agreement, then they may modify the agreement as they wish, provided that both parties are on the same page, and are willing to do so. In that circumstance, the parties would simply need to revise and redraft the agreement to fit their current needs, and have both parties sign the updated copy.
When a modification of existing court-ordered child support is sought, however, the court must order the modification as well. In those instances, the party seeking the modification must show that a substantial change in circumstance has occurred which warrants the modification. Typically, if three years have passed and the child support guidelines have been modified based on cost of living to indicate an increase in the amount due, a substantial change in circumstances is presumed.
When less than three years have passed, however, either child support services or the court must verify that a change of circumstance for either parent occurred of a nature sufficient to render the case eligible for review. Examples of those changed circumstances might include:
o Changes in the physical custody arrangement of the children;
o Changes in the children’s needs;
o Significant and substantial changes in a parent’s income.
If a party is able to prevent evidence of these changes, they may qualify for review of the current support obligation and modification as warranted. Whether or not a particular change in circumstances may warrant modification is a matter to be discussed with qualified and experienced counsel, who will be able to best advise you as to your particular circumstances.
If you need to speak with an experienced family law attorney, please contact Adkins Law to arrange a consultation.
The termination of alimony largely depends on the terms set forth regarding duration, and whether the alimony award is put in an unincorporated separation agreement (contract) or a court order (judgment, consent order, or incorporated separation agreement).
Alimony that is provided for in a court order, whether this is awarded in an order pursuant to trial, a consent order, or a separation agreement that has been approved by the court and incorporated into a divorce decree or other order is court ordered alimony. Thus even if you agree to alimony in a consensual, contractual separation agreement, if that separation agreement is later incorporated and made part of a divorce decree, it transforms from a contract to an order. Court ordered alimony, regardless of the terms of the separation agreement, terminates statutorily upon the death of either the supporting or the dependent spouse, and also upon the remarriage or cohabitation of the dependent spouse. N.C.G.S. 50-16.9(b). So, when there is an order for alimony in place, alimony terminates upon (1) death of either spouse, (2) remarriage of dependent spouse, OR (3) cohabitation of dependent spouse.
Cohabitation is statutorily defined as … “cohabitation means the act of two adults dwelling together continuously and habitually in a private heterosexual relationship, even if this relationship is not solemnized by marriage, or a private homosexual relationship. Cohabitation is evidenced by the voluntary mutual assumption of those marital rights, duties, and obligations which are usually manifested by married people, and which include, but are not necessarily dependent on, sexual relations.” To determine whether a couple has voluntarily assumed the rights, duties, and obligations of married people, the trial court must consider the totality of the circumstances. The primary policy in making cohabitation, not just remarriage, grounds for termination is the economic impact on the dependent spouse. It would not be fair, in other words, for a dependent spouse to be in and continue in a relationship where he or she may enjoy an economic impact from the relationship (i.e. new romantic interest contributes income) without the status of being married. A supporting spouse cannot automatically cease paying alimony due to the dependent spouse’s cohabitation or remarriage without a court order terminating the alimony.
Examples of when a court has found that NO cohabitation exists:
The courts seem to hold that parties are cohabitating when they are in a (1) mutually exclusive dating and sexual relationship; (2) consistently, if not exclusively spend overnights together, or have a residence together; (3) hold themselves out in the same ways as a married couple would; (4) go on dates, travel together, keep clothes and toiletries at each other’s homes, and provide care (if applicable) for each other’s children; and (5) mix finances and contribute financially to each other, pay bills and contribute to household expenses together, and maintain joint bank accounts.
When, on the other hand, an unincorporated separation agreement is involved, the terms of termination of alimony provided for in the contract dictate. Thus if no term in the unincorporated separation agreement provides for termination of alimony, it may continue indefinitely. A contractual support obligation of alimony in an unincorporated separation agreement, for example, that provided that alimony should be paid to the dependent spouse to support her while she obtained a college degree continued even after the death of the supporting spouse. The death of the supporting spouse did not end his obligation to support the dependent spouse until she graduated from college and his estate was required to provide the alimony payments to the dependent spouse. See White v. Graham, 72 N.C. App. 436, 325 S.E. 2d 497 (1985).
To contrast against court ordered alimony, while cohabitation will result in the termination of a support order entered by a court, either as the result of a trial or by entry of a consent order, cohabitation will not terminate a support obligation arising from an unincorporated separation agreement unless so specified in the contract. See Jones v. Jones, 144 N.C. App. 595, 548 S.E. 2d 565 (2001).
Unless provided otherwise in a separation agreement, however, reconciliation between parties who remain married may terminate an obligation to pay alimony, even if contracted for in an unincorporated separation agreement. Reconciliation, or the resumption of marital relations, is defined as the voluntary renewal of the husband and wife relationship, as shown by the totality of the circumstances. N.C.G.S. 52-10.2. To reconcile, there must typically be substantial objective indicia of cohabitation. Reconciliation did not occur, for example, in a case where the husband and wife spend four hours a day, six days per week together, in the former marital home, having dinner together, visiting with the minor children, and having occasional sex together because the husband and wife maintained separate residences, did not share chores or household responsibilities, did not hold themselves out as husband and wife, did not indicate to others that their problems had been resolved, and did not indicate that they desired to terminate their separation. Fletcher v. Fletcher, 123 N.C. App. 744, 474 S.E. 2d 802 (1996). The Court of Appeals has held, on the other hand, that reconciliation has occurred when the husband and wife lived together for four months following the execution of a separation agreement, had sexual relations, filed a joint tax return, and held themselves out as husband and wife. See Schultz v. Schultz, 107 N.C. App. 366, 420 S.E.2d 186 (1992).
In a nutshell, if alimony is court order, it will terminate upon (1) death of either party, (2) remarriage of dependent spouse, or (3) cohabitation of dependent spouse. If alimony is in an unincorporated separation agreement, it will terminate upon the terms of that contract, if ever; unless the parties remain married and resume marital relations.
N.C.G.S. § 50-6 is the statute in North Carolina that addresses absolute divorce. N.C.G.S. § 50-6 provides in part that “Marriages may be dissolved and the parties thereto divorced from the bonds of matrimony on the application of either party, if and when the husband and wife have lived separate and apart for one year, and the plaintiff or defendant in the suit for divorce has resided in the State for a period of six months. …a divorce under this section shall not affect the rights of a dependent spouse with respect to alimony which have been asserted in the action or any other pending action. Whether there has been a resumption of marital relations during the period of separation shall be determined pursuant to G.S. 52-10.2. Isolated incidents of sexual intercourse between the parties shall not toll the statutory period required for divorce predicated on separation of one year.”
The requirement that one of the parties to an absolute divorce, the plaintiff or the defendant, must have resided in North Carolina for at least six months before the filing of the divorce action is jurisdictional. Thus without one party having lived in North Carolina for the residency requirement of at least six months before filing for the divorce, the court will not have the jurisdiction to consider the divorce. The residency requirement has been defined as meaning one party is actually domiciled in North Carolina with an actual residence and the intent to remain permanently or for an indefinite period of time. The intent of a party to live in North Carolina at some future time is not enough, nor is it enough that a party have a residence in North Carolina – they must actually be domiciled at that North Carolina residence. The fact that a party is not a citizen of the United States is not required either. A party, for example, that is a German national and not a United States citizen, but that lives in North Carolina and intends to remains in North Carolina with no desire or intent to return to Germany, is a resident of North Carolina within the meaning of N.C.G.S. § 50-6.
The requirement that the parties live separate and apart for one year is jurisdictional. Thus if the parties have not actually lived separate and apart for at least one year, the court lacks the jurisdiction to consider the divorce. Living separate and apart meaning actually, physically living separate and apart; not in different rooms within the same residence. The parties must live in different residences for at least one year, and at least one party must intend for the separation to remain permanent.
North Carolina also requires that the divorce complaint be verified. This means that the party filing the action certifies and signs that they have read and understand the complaint, and intend to file the complaint. This is a jurisdictional requirement. Thus if a divorce complaint is not verified by the plaintiff, the court will lack the ability to consider the divorce. The complaint must be verified at the time of filing; it is not sufficient to obtain verification of the complaint before the complaint and summons are served on the defendant. When the plaintiff fails to verify the complaint, the trial court never obtains jurisdiction over the divorce action, and a divorce order entered in the action is void.
So how do I get an absolute divorce from my spouse? As long as you have lived in North Carolina for at least six months with the intent of remaining in North Carolina, and have lived separate and apart with the intent of remaining separate and apart from your spouse for at least a period of one year, you may file a verified complaint seeking an absolute divorce from your spouse. Once the verified complaint is filed, it must be served on your spouse and they have the opportunity to respond. The defendant may respond, and the parties may request that the court enter an judgment of divorce, or if the defendant does not respond, the plaintiff may file a motion for summary judgment with the court and provide the court with a proposed judgment of divorce. The court then may enter the judgment of divorce, and the parties will legally be divorced.
Approximately nine percent (9%) of all existing wills are invalid for one reason or another. If you die without a valid will, you die intestate, and lose control over what happens to your property. This usually also results in your estate paying a lot more to settle your affairs, which leaves less assets for your heirs. Generally estates settle much faster when you have a valid will that names people, charities, or other institutions that you want to inherit your property.
What kind of wills are there and how do I know if it is valid? Most commonly, to have a valid will, people have a formal will drawn up and executed. This consists of a typed will that specifies where your property goes, who will settle your estate, who will care for your children if they are minors, and who will administer any trusts the will may establish. Wills may also be handwritten (holographic wills) or oral. Handwritten and oral wills are not always valid and may only be considered valid in certain circumstances.
If you are married and die intestate, your property will go to your spouse and any children that you have. Each state, including North Carolina, has a specific formula to determine what percentage your spouse and children receive. If you have children from different relationships, they may be entitled to inherit as well, which may lead to an outcome you would not necessarily favor.
If you are not married, your relatives will inherit your property. In these cases, what you may have intended to go to close friends, charities, or an educational institution, may end up going to a distant relative that you may have never had a relationship with. If you die without a will and have no relatives, your estate will likely escheat to the state where you live. Thus only unmarried people without children and without property can justify not making a will; otherwise, you need to have a will in place.
About half of Americans die intestate. Many of these people leave large estates and have minor children. To have a valid will in North Carolina, you need to execute the will with two witnesses and a notary. If you need to have a will drafted, or have an estate planning attorney review your will to ensure that it is valid, contact Adkins Law to schedule a free estate planning consultation.