Legal Question in Wills and Trusts in North Carolina

My grandfather remarried after my grandmother passed away. The house is in my grandfather's name and has a will stating that everything will go to my dad. Does the will still stand or is the new wife entitled to anything?


Asked on 3/07/16, 6:24 am

1 Answer from Attorneys

Where does your grandfather live? If in NC, then he cannot disinherit his second wife if she timely files for her elective share. Not all states have similar laws; for example, Georgia does not. But even in states like Georgia, a spouse has a right to petitition for a year's support. NC also has this right to a year's support in addition to the elective share.Of course, this all assumes that your grandfather and his second wife did not have any kind of marital agreement. If they did, then the wief may have waived ant marital rights to inherit or administer the estate.

Whoever is named in the will as executor needs to consult a probate attorney. As should your step-grandmother as these rights will be lost if she deos not timely claim them.

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Answered on 3/11/16, 12:38 pm


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