Legal Question in Wills and Trusts in North Carolina

That is kind of a loaded question. Where does the uncle live? In NC? What assets does uncle own and how are they titled? While uncle is estranged from wife, this tells me nothing. How long have they been apart? Do they plan to divorce? Do they have a settlement/separation agreement? Does uncle have a properly drafted will disinheriting wife to the fullest extent permitted?

Much more information must be had in order to answer your question. Assuming uncle is in NC and like most people neither bothers to make a will or have any kind of marital separation agreement, then this is what would happen: any probate assets owned by uncle would pass on uncle's death to his wife and children. Even if uncle tries to disinherit wife by will, this may or may not stand. Wife has 6 months to claim an elective share of the estate if the will does not make adequate provision. However, elective rights have to be claimed and the wife could lose them if she does not act promptly. Also, I don't the circumstances underlying the separation but wife may forfeit her rights of inheritance by her actions.

Wills or dying intestate only concern probate assets. There are many kinds of non-probate assets - things like jointly owned real property with a right of survivorship, bank accounts, life insurance, retirement/annuities. While uncle may have a difficult time with his retirement (the uncle cannot change the beneficiary unless his spouse consents), he can have a joint bank account with you or have a payable on death designation in your favor. He also can make you the beneficiary of his life insurance.

What uncle needs to do is see a family lawyer about his marital situation and an estate planning lawyer about his estate. If uncle has been separated one year or more, he needs to get a divorce to cut off all rights of inheritance or to at least bring an action for equitable distribution prior to his death if he wants to cut off his wife's rights to inherit assets. In the alternative, uncle and wife need to enter into a marital settlement agreement in which they each waive any rights to inherit or administer each other's estate and divide up their assets. The uncle also needs to make a will providing that wife is disinherited to the fullest extent allowed by law.

That is what uncle should do. However, uncle may choose to drag his feet and leave everyone with a big lawsuit instead so his heirs and beneficiaries can fight. Its uncle's choice. You may want to have a long talk with uncle about this.