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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Estate Law
Satisfied Customers: 11317
Experience:  Licensed Texas General Practice Attorney
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My stepfather passed away and left a will in my name 2 years

Customer Question

My stepfather passed away and left a will in my name 2 years ago,but moved a caregiver in with him and married 2 weeks before he passed away.I want to know if that is legal for her to inherit everything from his estate
Submitted: 1 year ago.
Category: Estate Law
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

No, the new marriage will not "invalidate" the old will, but state law does allow for an "elective share" for his spouse. Marriage does alter a will to the extent that North Carolina law provides an “elective share” of a deceased person’s estate to his or her spouse. This share is equal to 1/3 of the estate and is guaranteed to the spouse regardless of what the will might say.

ScottyMacEsq :

So while she can't get everything, she can claim up to 1/3 of the estate.

ScottyMacEsq :

The marriage does not invalidate that will leaving property to you.

ScottyMacEsq :

But it does give her the right to claim this share.

ScottyMacEsq :

Now it's possible to challenge the marriage post mortem based on fraud or capacity.

ScottyMacEsq :

To be honest, this would be difficult, but in certain situations if you could show that your step father did not have mental capacities to enter into marriage, then that marriage could be "annulled" after the fact.

ScottyMacEsq, Attorney
Category: Estate Law
Satisfied Customers: 11317
Experience: Licensed Texas General Practice Attorney
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