Legal Question in Wills and Trusts in North Carolina

In NC, the wife has the right to petition for not only a year's allowance but can claim an elective share of the estate. There is a somewhat complicated formula for determining what she will get and will depend on what assets there are besides the home. She can claim either a right to live in the home until she dies or about 1/3rd of the estate or a combination. If you want specfics, I would suggest you sit down with an estate planning attorney.

What exactly is your situation? Are things good with the spouse or not? If a divorce is in the future then she should not be added to the deed, but what exactly are the plans should the unthinkable occur? Why isn't the wife on the deed? Can she be added now? Would you want to do that? What about children? Do you have them? Is this a second marriage for you? What else do you own? Why not make a will leaving the wife enough other assets so as to defeat her right to an elective share? These are just some things that you need to consider. That is why it will be helpful for you to seek out an estate planning attorney who can draft a plan that is right for you and your situation.