Is it legal in North Carolina to make a will leaving real property to someone other than your spouse with out the knowledge and consent of said spouse?

ncdeedee

If land is owned by someone and they marry, does it not then become part of the marital assests in the state of North Carolina?
ncdeedee

ScottGem

In most states you can't completely disinherit a spouse. Also your spouse does not have to know the contents of your will. So if you want to leave certain property to someone else, you can, just leave your will with your attorney or a trusted individual.

JudyKayTee

No, it does not, not in North Carolina. The community property states are: Arizona,
California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin.

NYS is not a community property state - I am in NYS. I own my home and then I get married. I can either keep the house separate, in my own name, or I can title it over in both of our names or I suppose I can give it to my husband, in his name alone.

I HAVE seen divorces where 50% of the increased value of the home during the course of the marriage does go to the untitled partner.

Fr_Chuck

As Judy noted, I am sorry no it does not, This is why we see issues where poeple want to be added to a deed and other issues. But if you are going though a divorce you really need an attorney for your own protection

Fr_Chuck

Yes, they can, normally you can not completely leave a spouse out of a will, So the other party will have to be named and included in the will.
Also there is no requirement to tell the other parities of the terms of the will,

Now with that, probate court can have alot of little rules so it is always best to have an attorney esp if you are going to contest the contents of a will.

ncdeedee

OK.....thanks for the responses.....next question.....is it possible to break a will after 12 years if it was never filed at the court house by the lawyer after the reading? And also, would the lawyer still have the original will or would one of the deceased person's family members have it?
ncdeedee

ScottGem

First, please don't start a new thread for a followup question. Use the Answer or Quick Reply options. I've merged the two threads.

Second, I would assume the SOL has expired on the time needed to challenge the will.

ncdeedee

My brothers wife passed away 12 years ago. In a will that was written up by her sister, 2 weeks before she dided of terminal brain cancer, the land their double wide sits on was left to her son not my brother. The house was not mentioned at all in the will, neither was my brother for that matter. Her sister, as exectutor (self-appointed mind you as my sister-in-law was on high does of morphine at this time) later "signed" the house over to my brother. We have a notorized paper to this effect. I also have the original title to the double wide wihich is paid off...it is my brothers and his deceased wife's name. Now the son has decieded that he is entiled to the house also. I have recently found ou the lawyer never filed the will. Can my brother fight to have it broken after 12 years if it was not filed? FYI....am trying to find a lawyer to help me with this as my brother is presently not able to do it himself.
ncdeedee

ncdeedee

OK.....never used this site before..thanks. Even if the will was never filed at the court house?