Hackensack, NJ asked in Estate Planning and Family Law for North Carolina

Q: uncle was separated from his wife policy have been changed to his sisters. Can his wife still demand money/ his belongs

She abandon him for almost 2 years and he passed recently she is demanding personal items. Policy were changed over to his sister and now she is demanding some of it.

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Amanda Bowden Johnson
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  • Jacksonville, NC
  • Licensed in North Carolina

A: Demanding and getting are two different things. Still, if they were married at the time he died - you may have a problem! In North Carolina it is hard to cut a spouse out of the estate - she may be entitled to her 'elective share'.

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