Legal Question in Wills and Trusts in North Carolina

Re: probate

That depends on several things:

(1) Did he have a will - if so and you did not get an adequate share, you may claim your elective share which guarantees you a specific portion;

(2) How many children, if any, did you and your husband have. If there was no will and you have no children (no lineal descendants) and he has at least parent living, you can get one-half of the real property and the first $50,000 plus one-half the balance of the personal property. However, if you have one child or no child but lineal descendants of only one child, you get one-half interest in the real property and the first $30,000 plus one-half of the remaining personal property. If you have more than one child, you get one-third of the real property plus the first $30,000 and one-third of the balance of the personal property.

You might also have statutory dowery and curtesy rights.

You also have a widow's allowance of at least $10,000 for one year and it can be higher under certain circumstances.

As you can see, this is a very complicated area of law and I have only begun to detail some of the considerations.

I strongly suggest you sit down with a North Carolina attorney to discuss your situation.

If you would like, we offer a Virtual Law Office via our website at www.RiceFamilyLaw.com and we may be able to provide additional guidance for a fee.

Good luck,