Legal Question in Wills and Trusts in North Carolina

I don't know why you don't proceed with the divorce. But if you will not, then you need a marital separation/settlement agreement which specifically provides that you and your wife are waiving any rights to administer the estate of the other, any rights of inheritance or any rights to an elective share of the estate. After you get the marital settlement agreement, you then need to make a new will which specifically provides that you are disinheriting your spouse as per your marital settlement agreement.

Your wife was smart - with a reverse mortgage, the heirs will have to pay back the bank if they want to keep or sell the home after your wife dies. Depending on its value, it may be smarter just to let the bank have it. So, even though you would be entitled to a share of her estate, there may be nothing for you to get if she does not own much and set it up so that her son will get any money.

However, if you don't have an agreement and something happens to you, your wife could possibly try to claim an elective share of your property when you die. Although there is a statute in NC on abandonment, its better not to rely on that and do what I have suggested. Please go and see a family law attorney about the divorce/marital agreement and then get a new will. The price you pay now will be worth it if it avoids the possibility of your wife getting a portion of your estate if something unfortunate would happen to you.