QUESTION

Will the wife be entitled to the estate if her husband has no will?

Asked on May 18th, 2014 on Estate Planning - North Carolina
More details to this question:
If my husband dies and does not leave a will. We have been married for thirty some years and have grown children. He is a very bitter person, because he hates every one as he has cancer and he knows he is near death but refuses to leave a will. Would I as his wife be entitled to our estate if there is no will?
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2 ANSWERS

Criminal Law Attorney serving Munhall, PA
Partner at Pelger Law
3 Awards
The wife gets the first 30K and shares equal halves of the remainder of the estate with the children.
Answered on May 20th, 2014 at 8:30 PM

William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900

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Not 100%, no. Your husband is being foolish, especially if he "hates" the children as you seem to indicate. I am assuming that you and your husband reside in NC. If that is the case, then the law provides that where someone dies intestate, i.e. without a will, that their property goes to their surviving spouse and children (assuming there are 2 or more children). The spouse inherits 1/3rd of the land, 1/3rd of the personal property and the first $30,000/$50,000 and the children inherit the rest. It depends of course on what you and your husband own and how it is titled. If your spouse intends to disinherit his children (which he is perfectly free to do) and have you inherit everything then your spouse absolutely needs to make a will. He (and you too) need financial and health care powers of attorney as well as an advance directive in addition to wills. If you and your husband live in another state, most states have provisions similar to NC in that the assets will be left to the spouse and children if there is no will. If there are 2 or more children, then the assets go 1/3rd to wife and 2/3rd to children. Of course, you should consult an estate planning attorney in the county/state where you reside for more specific advice about your situation.
Answered on May 20th, 2014 at 8:30 PM

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