Legal Question in Wills and Trusts in North Carolina

It depends. Is there a pre-nuptial or post-nuptial agreement whereby the spouses have agreed to disinherit each other? If so, then the ansewr is yes. If not, then the answer is no. The only person who cannot be disinherited is the spouse and the person making the will must leave the spouse at least as much as the elective share. I do not know what assets there are or what provision has been made for the spouse so I do not know how to calculate the elective share in this case. Laws concerning the elective share are found in Chapter 30 of the NC statutes at:

http://www.ncleg.net/gascripts/Statutes/StatutesTOC.pl?Chapter=0030

My advice would be that if you are planning to disinherit your spouse, consult an estate planning attorney in your area so that this is done properly and you leave the spouse the minimum allowed by law.