Q: If a decedent designates deceased parents as beneficiaries can the spouse dissent from will or is this intestate?
The will on record was not updated to reflect the spouse after marriage but the marriage was subject to a prenuptial agreement. The spouse is trying to determine if they are entitled to an elective share under NC GS30 or subject to NC GS29. As well as whether the prenuptial agreement supersedes these statutes in determining marital vs. separate property prior to determining total net assets of the decedent estate.
A: You generally can not disinherit a spouse either by accident or on purpose. So the usually the spouse will be able to take an elective share. However, it is likely possible to agree to take a very specific share or even take no share of an estate in a properly drafted and execute prenuptial agreement. Your best bet would be to consult with an wills and estate attorney who can review your specific situation in detail.
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