Legal Question in Wills and Trusts in North Carolina

I am sorry for your loss. What will happen is that a substitute executrix will have to be appointed for your mother-in-law's estate. I don't know when your mother-in-law died or whether there was any kind of survivorship requirement in her estate. Assuming that your wife outlived her mother by the necessary amount of time (if there is any requirement) then you would see what the will says, but ordinarily, your wife's share of your mother-in-law's estate will go to your wife's estate, Since your wife did not have a will, all of her assets (those she has plus her share of her mother's estate) would be divided between you and any children that she has. If she has no children, then you get it all. If there is one child. then you get 50% and if there are 2 or more children, then you get the first $30,000 plus 1/3rd of the remainder.

The percentages are rough estimates. I don't know what your wife owned totally, what other assets she had or how much her share of her mother's estate would be. I also don't know what you can claim as your spousal share above this amount or what claims there would be.

I suggest that you get a probate attorney in the county where you and your wife lived. If nothing else, pay the attorney just to find out about estate law and your duties. You don 't need to hire an attorney if the estate is simple. However, if it will be complicated or if you are just too overwhelmed, it may be better to get an attorney.

I don't know what your mother-in-law's will says about a substitute executrix or where her estate is pending. If it is in the same county in NC and there is no attorney for your mother-in-law's estate already and there is no substitute executrix/executor or you are the substitute, then you might want to also ask the lawyer about the mother-in-law's estate.