Legal Question in Wills and Trusts in North Carolina
lifetimerights
A second wife is given lifetime rights to a home in her deceased husbands will, with the home reverting to his daughter upon the wifes death. The wife decides she may not want to reside there anymore, can she receive compensation for remainder of time? If so, how much and how is it figured. Thank you.
1 Answer from Attorneys
Re: lifetimerights
The Surviving Spouse could rent the property during her lifetime or sell a lifetime interest in the property.
Or the Surviving spouse could dissent from the will and ask for an intestate share. This will depend on the value of the estate and what other property has passed to Surviving Spouse. Each situation is different, but it could be possible to get an interest in the property. Surviving spouse generally has 6 months from after the issuance of letters.
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