Legal Question in Family Law in North Carolina

My husband's old girl friend resurfaced, now that's he's 82, and could be making a new will; how much can a wife in the state of NC, expect to lose in such a legal manuever? She "knows" an NC government official, and flaunts how much he can help her.


Asked on 8/20/15, 10:08 am

1 Answer from Attorneys

You haven't provided enough dirt - I mean 'information' to answer this question. The old girlfriend 'resurfacing' is irrelevant unless you are saying that the 82 year old husband is resuming that relationship once again and is considering cutting the wife out or partially out and leaving everything or at least something to the old girlfriend. There likely isn't much you can do if he just leaves the old girlfriend 'something' but if you are concerned he will try and cut you out completely then - worry no more! The old girlfriend is likely in for a big surprise if she thinks she is getting everything regardless of who she 'knows'. Under North Carolina law, a surviving spouse who is cut out of a will can elect against the will and the law awards that spouse what�s called his or her �elective share� of the estate. The amount the spouse receives can vary depending on whether the deceased spouse is also survived by children. There are a few things he can do to cause wife problems like setting up joint accounts with the new girlfriend (those transfer automatically to the joint account holder regardless of a will) and transferring property into old girlfriend's name before he dies. Wife can of course, contest these transfers because they are the equivalent of a spouse 'hiding' property in preparation for a divorce but if he knows what he is doing, he can make it extremely difficult for wife to even know the property exists much less successfully contest the transfers in Court and recover. You should consult with a local attorney ASAP to protect your interests. Best of luck to you!

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Answered on 8/20/15, 10:54 am


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