Legal Question in Wills and Trusts in North Carolina
Wills: Can I leave ALL my assests ,property and estate to my one 21yr daughter and NONE to wife in a will in North carolina??
1 Answer from Attorneys
No. The only person who cannot be disinherited at law is your spouse UNLESS you have a pre-or post-nuptial agreement or are getting divorced. You can put a clause in indicating that you disinherit her to the fullest extent allowed by law, but your wife can always claim an elective share of your estate if she so chooses. My advice would be to go to a lawyer and have your assets thoroughly reviewed and your will drafted. Depending on what you have, you may be able to leave your wife enough to satisfy any elective share requirements or you can make another provision for her so that she will not be disinherited completely.
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We have moved from NJ to NC, are NJ wills valid in NC ? Asked 8/02/10, 10:45 am in United States North Carolina Probate, Trusts, Wills & Estates