As an estate planning and probate attorney, I like to read about what famous people put in their wills. Recently I saw an article online from the Rochester Minnesota Post-Bulletin which indicated that the late Senator Jess Helms’ will was filed in the Wake County North Carolina Courts on July 16, 2008 less than 2 weeks after his death. 

In his will, he requests that his “children try to be as understanding and tolerant of each other as possible.”  As I read that, I thought that is interesting for a United States Senator to write because a senator who wants his legislation to be continuously passed has to be mindful of following that thought.

The Post-Bulletin article which was written by McClatchy Newspaper writer Mark Johnson indicates that Senator Helms divided his estate “between his wife, and a trust to provide any needed support for his wife, children and grandchildren.”

Among specific items it provided that his wife receive his congressional papers; that his stamp and coin collections be sold; and that if no one wanted his Senate desk – I would think someone would want it – that it should be given to the Jesse Helms Center Foundation until a family member requests to use it.

Mr. Johnson indicates that the will repeatedly uses the term “death taxes”.  Many estate planning and probate lawyers use the more benign sounding phrase “estate taxes”.  Helms had been a proponent of eliminating those taxes.

While I am not certain of the probate law in North Carolina, I imagine it is similar to California probate in that wills lodged with the court are available for the public to see.