Legal Question in Wills and Trusts in North Carolina

Denounce? What is this? I am not familiar with this term.

The proper procedure when spouses decide to end a marriage is for the spouses to enter into an agreement which expressly waives any right to inherit or administer the estate of the other. The spouses then should each have a new will done by an attorney which disinherits the other spouse. In that way, if someone dies prior to entry of a divorce decree, the survivor will not be able to inherit. However, clients don't always think to do this. If nothing was done, then the survivor would be able to inherit under a will or under the intestacy laws unless the state had a statute providing for the forfeiture of inheritance like NC does.

You don't indicate any relevant facts so an attorney cannot give any specific advice. Which spouse died? Where did he or she live at the time of death? When did he/she die? Is an estate going to be probated? Did the dead spouse have a will? If so, what did it say about the surviving spouse inheriting assets? Was any kind of a pre- or post-marital agreement created and what did it say about death/inheritance? Had an equitable distribution order been entered? What probate and non-probate assets were owned and how were they titled?

The rules (assuming the estate for the dead spouse is in NC) are that death abates a divorce action but it does not necessarily end any equitable distribution actions. Divorce will also revoke any provisions in a will in favor of a spouse. However, there was no divorce here. NC has a statute which provides that a surviving spouse forfeits rights of inheritance under certain conditions. If the dead spouse lived elsewhere, you may need to consult with a probate attorney in that state to see how that state treats death and surviving spouses as there may be a comparable statute.

If there is no forfeiture statute or else it does not apply, then the surviving spouse may be able to inherit. However, the death of one spouse does not end a right to equitable distribution. In NC, these claims survive death and a comparable law may be in the other state. If so, then a claim can be filed so that the assets will be divided between the surviving spouse and dead spouse's estate. In equitable distribution, the court will seek to classify assets as being marital, separate or divisible, value the assets and distribute the assets between the estate of the deceased and the surviving spouse.

If the dead spouse lived in another state, you can try consulting a probate attorney who practices in the county where the deceased spouse lived prior to death or you can try re-posting your question with the relevant details and directing it to a probate attorney who practices where the deceased spouse lived.