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Without a will, the courts will determine how much of the estate goes where. Obviously, the current wife will be entitled to a substantial amount of the estate, but the courts will probably award a share to the children, but the simple reality is, there is no way to know before the judge makes his decision. Understand too that the children will be eligible for Social Security Survivors Benefits until they turn 18. N.C. is a Tenancy-By-The-Entirety state all property jointly owned by husband and wife reverts automatically to the surviving spouse as is not subject to probate procedure. If a title to real property or bank accounts are worded otherwise such as JTWRS or JT, such property belongs to the person named on the title, deed or account. Other property not covered under said stipulations will be apportioned to the surviving spouse and heirs according to probate succession laws. "Heirs" are defined as the biological children of the deceased. NCS. Chapter 41-47

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