Newton, NC asked in Real Estate Law for North Carolina

Q: My mother remarried about 10 years ago and my step father had no children who does property goto?

1 Lawyer Answer

A: If she has no will, when she dies $120K will to to him plus 1/3 of the remainder. The other remainder to her children. If she has a will, then it will be followed, but a spouse cannot be disinherited under NC law unless a Spousal Waiver has been entered into. In that case, the spousal right depends on the number of years they've been married. You should probably go meet with an attorney as these details vary widely, depending on the circumstances.

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