What to do if all beneficiaries to a Will die at once?

My wife and I had Wills done 10 years ago; our state goes to our 3 kids, if we die together. However, 6 months from now, we’ve a trip planned for all 5 of us. Can a simple, temporary document be created, covering who estate would go to, if all of us die at same time? I’m not sure if this was covered in the original Will?

Asked on October 25, 2013 under Estate Planning, North Carolina


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You should absolutely go back and speak to your estate planning attorney. If you all pass, it goes through probate succession, which means next in line. This could be both sets of parents for you and your wife in equal amounts, it could mean certain items may then go to your children's children if they exist. You can create some type of codicil but be careful how it is created because it may wind up voiding your current will.

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