Legal Question in Civil Litigation in North Carolina

I have been married for 28 years of my young life. my husband told me yesterday that he is not going to leave me with any thing he is leaving his daughter from his first marriage in charge of him because she knows business and im dumb. The house he is going to sell because he dont want my 2 whore kids to live there. My second child is his. my first is not. he told me he had a little dementia. so im not sure what to do. his children from his first are all laughing in my face. and im stress.i cant even type correctly what do i do


Asked on 12/02/12, 12:15 am

1 Answer from Attorneys
Rachel Hunter

Get a divorce? That will prevent all of the assets from going to the children of the first marriage. And why would you want to stay married to a verbally abusive jerk like this anyway?

And why would you rely on his own assessment of dementia? If he has dementia, then he may or may not be able to make a new will. I would not rely on this and hope that it would invalidate anything.

If he makes a new will and does what he plans and then dies, you could file to take against the will to claim your elective share (assuming you did not execute any pre- or post-nuptial agreements barring you from taking under the will or claiming an elective share). How much your elective share would be I can't say because I don't know know what you and he own, how it is titled or whether it is a probate or non-probate asset.

As I said, I think you may be better off getting a divorce which would entitle you to 50% of the marital assets and possibly alimony. You should go and get a consult with a family law attorney right away to review your situation.

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Answered on 12/04/12, 5:04 pm


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