Madison, TN asked in Estate Planning for North Carolina

Q: My father died, testate. He was legally separated from his wife in NC and his Will did not include his wife.

His Will listed me as his executor and i have filed probate. His wife have taken possession of his belongings. should i continue paying his rent and other bills while awaiting on a decision from the court even though a decision has not been made by the courts.

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1 Lawyer Answer
Amanda Bowden Johnson
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Answered
  • Jacksonville, NC
  • Licensed in North Carolina

A: Your father can not cut his spouse completely out of his will. She will be entitled to take what's called an elective share. As to rent, there is no longer a need to pay rent so if you can do so you should likely stop paying any expenses that aren't final expenses. You should consider consulting with an estate attorney who can review your specific situation in detail and lay out your options.

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