Legal Question in Wills and Trusts in North Carolina

my husband of ten years made out a will prior to our marriage in which the only beneficiaries are his adult children. Should he die before me would that will take precedent over the years of marriage?


Asked on 8/11/10, 6:30 am

1 Answer from Attorneys

No. If he did not include you in his will and he dies while married to you, you can claim an elective share of your husband's estate. That means that the adult children will have to share with you. You do not indicate what assets your husband has and how they are titled - for example, if the marital home is in both yours and your husband's name as husband and wife, it automatically goes to you anyway.

What I suggest is that your husband has had a major life changing event in that he has married you. It is time for you and your husband to sit down and make a new will.

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Answered on 8/16/10, 7:56 am


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