ESTATE PLANNING

No, but there are limitations. If you are married when you die and your spouse has not otherwise signed a disclaimer (such as may be in a separation agreement), your surviving spouse will have the right to ask for a minimum of your estate’s assets. How much your spouse can ask for depends on the length of your marriage. This is called a “spousal election” and North Carolina statutes control the amount.

In cases where only a small or slight change is necessary, we can amend your will by drafting a Codicil. However, if you have multiple edits or major life changes since your last will, it may be easier and cheaper to start with a new draft. When you first consult with NicholsonPham, the attorney will go through your amendments to determine which is the right route.

We always recommend that folks sign a new will after major life changes such as death, remarriage, divorce, adoption or the birth of a new child. However, North Carolina law steps in to help in certain circumstances. If you have divorced your ex-spouse since your last will was executed, North Carolina will ignore the parts of your will that reference your ex-spouse. If you have married since your last will was executed, North Carolina law will give your present spouse a “spousal election” in the event of your death, even if your will doesn’t reference your wife or husband. If you have adopted a child since your will was last executed, North Carolina law automatically includes adopted children