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?
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.