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LegalGems
LegalGems, Attorney
Category: Estate Law
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Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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What percentage of an annuity is due to the spouse. I was the

Customer Question

What percentage of an annuity is due to the spouse. I was the beneficiary of the annuity. I am in the state of North Carolina.
Submitted: 1 year ago.
Category: Estate Law
Customer: replied 1 year ago.
The annuity was paid at my father's death.
Expert:  LegalGems replied 1 year ago.
My goal is to provide great service - if you have any questions, please ask. A follow up consult with a personal attorney is always recommended.
It depends on the length of the marriage.
Basically
If married less than 5 years, 15%
If 5-10 years, 25%
if 10-15 years, 33%
if greater than 15 years, 50% of net estate.
§ 30-3.1. Right of elective share.
(a) Elective Share. - The surviving spouse of a decedent who dies domiciled in this
State has a right to claim an "elective share", which means an amount equal to (i) the applicable
share of the Total Net Assets, as defined in G.S. 30-3.2(4), less (ii) the value of Net Property
Passing to Surviving Spouse, as defined in G.S. 30-3.2(2c). The applicable share of the Total
Net Assets is as follows:
(1) If the surviving spouse was married to the decedent for less than five years,
fifteen percent (15%) of the Total Net Assets.
(2) If the surviving spouse was married to the decedent for at least five years but
less than 10 years, twenty-five percent (25%) of the Total Net Assets.
(3) If the surviving spouse was married to the decedent for at least 10 years but
less than 15 years, thirty-three percent (33%) of the Total Net Assets.
(4) If the surviving spouse was married to the decedent for 15 years or more,
fifty percent (50%) of the Total Net Assets.
(b) Repealed by Session Laws 2013-91, s. 1(d), effective October 1, 2013, and
applicable to estates of decedents dying on or after October 1, 2013.
(c) Repealed by Session Laws 2009-368, s. 1, effective August 27, 2009, and applicable
to decedents dying on or after October 1, 2009. (2000-178, s. 2; 2003-296, s. 1; 2009-368, s. 1;
2013-91, s. 1(d).)
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Expert:  LegalGems replied 1 year ago.
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