If something is not named to go to a certain individual in a Will, who would it go to?

Asked on April 10, 2014 under Estate Planning, North Carolina


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Ordinarily if a certain item is not specifically given to a person in a Will, the item goes in the residual claus eof the Will where it is to be sold and then distributed to those people specifically named in the Will.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Typical wills have what's known as a "remainder" clause--a paragraph or provision which states something to the effect that "all the rest, residue, and remainder of my estate will go to. . . ." That paragraph will dispose of all other items, assets, etc. not otherwise named to anyone. If there is no such clause, the probate court will look at the will and try to determine the testator's (the person making  the will) intent and give the item(s) to the person that he or she would have bequethed them to.

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