Are there any laws that protect surviving spouses in intestate succession?
Yes, there are laws that protect surviving spouses in intestate succession in North Carolina. The law ensures that if a person dies without a will, their spouse will be granted a portion of the property or assets. This helps the surviving spouse financially support themselves and their family after the death of a loved one. According to North Carolina law, when a person dies intestate, surviving spouses are typically entitled to the entire estate if there are no children from the marriage or other children of the deceased. If there are other children of the deceased, the surviving spouse may be entitled to 1/3 of the estate. In addition, the surviving spouse may be entitled to a family allowance for their support, as well as certain tangible personal property. It is important for spouses to be aware of the laws that protect them in the event of their partner’s passing in order to ensure they can receive what is due to them. If a surviving spouse feels their intestate rights are not being honored, they should contact an experienced attorney to discuss the matter further. It is also important for spouses to talk about estate planning to ensure that everyone is taken care of during the succession process.
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