Legal Question in Wills and Trusts in North Carolina
Info on disbursment of estate with no will
My husbands father recently passed away leaving no will, it is my understanding that my husband and his brother(according to N.C.G.S) are entitled to more of the estate than his current wife(who is not there mother and also his 6th wife)I would like to know what exactly the law entitles them to. We are being told that she is entitled to most of it. Any info would be helpful- Thankyou
1 Answer from Attorneys
Re: Info on disbursment of estate with no will
According to the information you provided, the surviving spouse would be entitled to a 1/3 undivided interest in the real property and your husband and brother would each receive 1/3 as well.
The surviving spouse would receive the first $30,000.00 of personal property and then 1/3 of the balance.
See N.C.G.S. Chapter 29
In addition, the wife would be entitled to a spousal allowance of $10,000.00
See N.C.G.S. 30-15.
So it really depends on how many assest the estate has. Keep in mind, many assets may pass outside of the estate and may go directly to the surviving spouse.
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