Legal Question in Wills and Trusts in North Carolina

You need to speak to a probate attorney. Wills need to meet certain criteria to be considered valid. The standard is low but you want to make sure you are prepared for any challenges.

A handwritten will may or may not be valid. To be a valid handwritten will, it must be hand-written by your aunt and found at her death among her important papers. I would recommend that you take the will to a probate attorney who practices in the county/state where the estate for your aunt will be probated and pay the attorney to review and advise. If you cannot afford an attorney, you can show it to the register of wills/probate court clerk and see if the clerk will accept the will for probate.

If the will is not valid, then all of your aunt's possessions will pass via the state intestacy laws to your aunt's heirs. The preference is usually for your aunt's spouse, if any, and her children to inherit. If your aunt had no living spouse and no children or lineal descendants, and if her parents are dead, then her assets would pass to any brothers and sisters. If they are dead, then to the children of the brothers and sisters, which would include you.

If the will is valid, then you or any other named beneficiaries will inherit whatever the will provides after all the debts of your aunt's estate are paid. If the will says nothing about furniture or other items, then these items will pass via intestacy to the heirs under the state intestacy laws outlined above. Ordinarily, if a lawyer did the will, it would contain a residue clause and provide for the distribution of any asset, but since your aunt drafted her own will, my guess is that she did not include a residue clause.

While it will not help your situation, if others read this, please please please do not try to save a few bucks by doing it yourself and leaving a problem for your heirs. Spend a little and have a will done by an attorney and done right.