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

Amanda Houser The Houser Law Firm, P.C.

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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