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If you are married, it is crucial to understand the intricacies of the state's elective share statute, designed to protect the rights of surviving spouses. In North Carolina, a spouse cannot be entirely disinherited unless they agree to it. This protective measure ensures that a surviving spouse receives a fair portion of their deceased spouse's estate.

Understanding Elective Share

The elective share is a legal provision ensuring surviving spouses are fairly provided for if not adequately mentioned in the deceased spouse's will. If the will leaves less than what the law entitles, the surviving spouse can claim the difference.

Calculating the Elective Share

The share a surviving spouse can claim depends on the length of the marriage, capped at 50% of the deceased's estate. Here’s the breakdown:

• Less than 5 years: 15% of the net estate
• 5 to 10 years: 25%
• 10 to 15 years: 33%
• More than 15 years: 50%

This graduated scale reflects the duration and economic partnership of the marriage.

Filing for Elective Share

Surviving spouses must file their claim within six months of the estate's opening. Consulting an attorney promptly is crucial to ensure timely filing.

Life Estate Option

Instead of an elective share, a surviving spouse may choose a life estate, allowing them to live on the deceased's property for life, covering expenses like taxes and maintenance.

Without a Will

If the deceased dies intestate (without a will) and the property isn’t jointly owned, the surviving spouse inherits a portion alongside other heirs. If co-owning, the property might be shared or sold.

Conclusion

Elective share laws protect surviving spouses, ensuring they receive a fair estate portion. Whether through an elective share claim or a life estate, understanding these rights and acting swiftly with legal counsel is essential.

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Thank you for reading our e-newsletter dedicated to protecting your assets and planning for long-term care. We look forward to assisting you with strategic legal solutions that ensure your peace of mind.

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Greg McIntyre

Elder Law & Estate Planning Attorney 

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