Legal Question in Wills and Trusts in North Carolina

To clarify, your brother is married, but separated from his wife and your brother's wife is trying to claim a share of your father's assets?

If so, does your brother live in NC? The law here is that anything acquired by gift or inheritance is separate property. NC GS � 50‑20(2) says:

(2) "Separate property" means all real and personal property acquired by a spouse before marriage or acquired by a spouse by bequest, devise, descent, or gift during the course of the marriage. However, property acquired by gift from the other spouse during the course of the marriage shall be considered separate property only if such an intention is stated in the conveyance. Property acquired in exchange for separate property shall remain separate property regardless of whether the title is in the name of the husband or wife or both and shall not be considered to be marital property unless a contrary intention is expressly stated in the conveyance. The increase in value of separate property and the income derived from separate property shall be considered separate property. All professional licenses and business licenses which would terminate on transfer shall be considered separate property.

If your brother lives in a state other than NC, he needs to s[peak with his family lawyer but most states have similar statutes. Bottom line, is the answer is NO, but your brother needs to confirm this with his divorce lawyer.