Legal Question in Wills and Trusts in North Carolina

Waiver by Dennis Jame Clark Sr. Dennis James clark, Sr. hereby waives and release all right and inerest, statutory or otrgher wise including but not limited to, curtesy, statutory allowance, distrubition in intestacy, and the right of election to make against the Will of Mareece Fancher Gurley, whichbhe might acquire as the husband, widower, heir at law, next of kin, or distributee odf mareece Fancher Gurley, in her property, owned by her at the time of the marrriage or aquired by her at the time thereafter and in her estate upon death.. legal terms


Asked on 12/19/12, 2:47 pm

1 Answer from Attorneys
Rachel Hunter

What is the question?

If you are quoting from a legal document, then you need to take the complete legal document to an attorney and pay the attorney to review and advise.

The language you quoted seems to be from some document advising that Dennis Clark Sr., waives any rights of inheritance from the estate of Mareece Gurley. As to whether this is a good idea or not, I cannot say, because I have no information.

Who is Mareece Gurley and Dennis Clark Sr.? Are they married but estranged? Is there a pre or post nuptial agreement or marital settlement agreement between them? Was Dennis given anything to induce him to waive his rights? How does he benefit by signing?

It seems to me that Dennis is giving up important rights and before he signs he needs to discuss with an attorney. While you have posted this under the heading of probate, I assume that Mareece has passed on. If that is the case, Dennis should see a probate attorney.

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Answered on 12/19/12, 2:54 pm


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