Legal Question in Wills and Trusts in North Carolina

Type Your Question Here... I had a saving about investment when I married my wife in 1999, I put it in her name with me as the benifiecery . She passed away six mouths ago. the company where investment was changed the name of investment to me. Wife's son was name executor of estate and will let everything to him, the money was not given to him by companys' name on my money. He is adding the money that was left to me in the estate money so he can get it. Is this legal ? He said since his mom's name was on account that the law says it's him. My lawyer says he can take it. Lawyer says the state only allows me 25% of total estate so that money has to be included . Why does an inheritenc to me have to be part of the 25% or does it have to be put in the estate?


Asked on 1/18/16, 8:54 am

1 Answer from Attorneys

This question does not make sense. You do not have a saving about investment. I don't even know what that is. Assuming you had some kind of investment account and your spouse died, you still have that investment account. You are the sole survivor. Its not a probate asset and has nothing to do with your spouse's estate. Same if this is something like life insurance or bank account with a payable on death type of designation. Anything which is a beneficiary designated asset is usually not a part of the probate estate. This would explain why the money went to you and not the executor.

The rest of your post is equally nonsensical. Asking if something is legal or not is not the question. It is not a crime. All probate assets are included in the probate estate. All non-probate assets are not. Since no attorney has seen any documentation about anything, it is impossible to ascertain what is or is not a probate asset.

You do not indicate if the wife had a will and if you are included or not thereunder. Without reviewing the documents or even knowing if there is a will, it cannot be determined if the executor is acting properly.

Your post suggests that you have a lawyer. If so, then you need to consult with your lawyer. If the estate has a lawyer, then you need to get your own probate attorney. You may be entitled to a spousal allowance. If disinherited, you might be able to claim an elective share. If there is no will, you might be entitled to an intestate share of the estate. Generally the elective/intestate share is 1/3rd to 1/2 of the probate assets but it depends on how many children there are and what is in the estate. Its all complicated and cannot be addressed in a post like this. That is why you need your own probate attorney who can review the will, if any, and other documents and list of assets and to see how they are titled to know what you can get.

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Answered on 1/18/16, 2:34 pm


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