If someone dies but has a Will stating that the heirs to his estate are his children, does the sale of his home go to the children or to his wife, the childrens mother.?
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If someone dies but has a Will stating that the heirs to his estate are his children, does the sale of his home go to the children or to his wife, the childrens mother.?
The will was written when the husband and
wife were divorced and he left the house to
their kids but then the husband and wife and
got married again before he passed. So does
the sale of the home go to their children/estate
or to his wife since they were married again.
The will was written in NC.
Please advise.
Erika Rommel
Erikafoster29yahoo.com
Asked on August 25, 2018 under Estate Planning, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
The state you list (North Carolina), like many states, requires that *something* be left to the spouse no matter what the will says: this is called the spouse's "elective share." In NC, it depends on how long they were married at time of death, ranging from a low of 15% (married less than 5 years) to a high of 50% (married 15 years or more). The wife will be entitled to that share of the house's value (and that share of the total value of all the inherited "estate").
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