Q: my son had a legal separation agreement drafted by an attorney and both he and his wife's signatures were notarized.
The agreement says what's in his name only remains his only. He has died.Can I record the agreement and will it be enforced? He did not have a will and has a 6 year old daughter he wanted to have everything.
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- North Carolina
- (910) 333-9679
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- Answered
A: In NC you can not disinherit your spouse - she would have the option to take an 'elective share'. So he couldn't have left everything to his daughter without his wife's consent even if he had a will and that's what he wanted. As to the Agreement - there is nothing to record but depending on how it was drafted, it may still be enforceable especially any estate provisions. But the problem is the Agreement likely only states that he gets certain property as he own separate property and not necessarily what happens to his property after he dies (that's the function of a will). So at this point, if things are disposed through intestate succession his wife will likely get 1/2 and child will get 1/2. You may want to consult with a local family law attorney also versed in wills and estates just to be on the safe side. Best of luck!
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