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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 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 7 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption