Legal Question in Family Law in North Carolina

my wife and I have been married over 45 yrs and we have a 43 year old son....if I want to leave my son all my possessions including money, etc at my death and nothing to my wife, can she have the will overturned?


Asked on 10/13/22, 12:44 pm

1 Answer from Attorneys

Not exactly overturned but she can take what is know as an elective share and certain things that are joint such as a house / land will pass fully to her automatically weather you have a will or not. North Carolina considers disinheriting your spouse a 'dick move' for lack of a better term and doesn't allow you to disinherit your spouse thru a will. So if you want to make sure she gets as next to nothing as possible, you will need to consult with a wills and estates attorney to structure and title your assets in a way so that it will go to someone other than your spouse.

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Answered on 10/14/22, 9:55 am


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