Losing a spouse is one of the hardest things someone can go through. On top of the grief, you may also need to deal with what happens to your spouse’s property, belongings, and money. In North Carolina, the law gives surviving spouses certain rights to help protect them during this difficult time. Understanding your rights can make it a little easier to move forward.
Let’s take a closer look at the different options and protections available for surviving spouses in North Carolina.
The Surviving Spouse’s Intestate Share
If your spouse passed away without leaving a valid will, this is called dying “intestate.” In this case, North Carolina law decides how the property gets divided. As the surviving spouse, you are usually first in line to inherit, but how much you receive depends on who else in the family is still alive.
Here’s how it typically works:
- If your spouse had no living children or parents, you get everything.
- If your spouse had living parents but no children, you get half of the real estate and the first $100,000 of personal belongings, plus half of anything left over.
- If your spouse had one child (or one child who passed away but left children), you get half of the real estate, the first $60,000 of personal belongings, and half of anything left.
- If your spouse had two or more children (or grandchildren from children who passed), you get one-third of the real estate, the first $60,000 of personal belongings, and one-third of the rest.
This setup helps make sure you still receive a good portion of your spouse’s property, even if there was no will.
Choosing an Elective Share
Sometimes a will leaves the surviving spouse very little or nothing at all. If that happens, North Carolina law gives you the right to choose something called an “elective share.”
An elective share lets you claim a percentage of your spouse’s “Total Net Assets” instead of what was left to you in the will. How much you can claim depends on how long you were married:
- Less than 5 years: 15% of the estate
- 5 to 10 years: 25% of the estate
- 10 to 15 years: 33% of the estate
- More than 15 years: 50% of the estate
You must file a claim for the elective share in court within six months after the administrator of the estate is appointed. If you wait too long, you could lose this right.
The elective share is a powerful option if the will does not fairly provide for you. It helps make sure you are not left out during a time when you may need support the most.
Year’s Allowance for the Surviving Spouse
North Carolina law also offers a special protection called the “Year’s Allowance.” This is a quick way for a surviving spouse to get up to $60,000 from the deceased spouse’s personal property.
The Year’s Allowance is designed to help cover daily living costs while the estate is being sorted out, which can sometimes take months or even longer. You must apply for it within one year of your spouse’s death.
The money can come from things like bank accounts, vehicles, household items, and other personal belongings. It can be claimed even if you are getting other inheritance through a will or intestate laws.
Life Estate and Homestead Rights
Another option you may have is the right to claim a “life estate.” A life estate means you can live in your spouse’s home for the rest of your life, even if you do not own the property outright.
In North Carolina, if you choose a life estate, you may have the right to:
- Live in one-third of your spouse’s real estate during your lifetime
- Stay in the home you shared
- Keep the household furnishings
This right can offer great peace of mind, especially if you are worried about being forced out of your home after losing your spouse.
Homestead protection is another law that helps. North Carolina’s Homestead Exemption protects up to $35,000 of the home’s value from creditors. If you are 65 or older and your spouse passed away, that protection may go up to $60,000. This can stop the home from being sold to pay certain debts.
Dower and Curtesy: A Piece of History
Long ago, there were special protections called “dower” for wives and “curtesy” for husbands. These old laws gave surviving spouses rights to the deceased spouse’s property. In North Carolina, these rights have mostly been replaced by today’s laws like the elective share, intestate share, and year’s allowance.
Even though dower and curtesy are no longer used the same way, the idea behind them — protecting a surviving spouse — is still very important today.
Common Problems Surviving Spouses Face
While the law provides many protections, there are sometimes problems that surviving spouses must deal with. Some common issues include:
- Being left out of a will
- Stepchildren or other relatives fighting over property
- Creditors trying to claim property
- Confusion about deadlines for filing claims
- Prenuptial or postnuptial agreements that may waive spousal rights
If you are experiencing any of these challenges, you may need to take action quickly to protect your rights. Deadlines for filing elective share claims, claiming the Year’s Allowance, or choosing a life estate are strict. Missing a deadline could mean losing property or financial support that you deserve.
It’s a good idea to speak with an estate planning lawyer who can explain your rights, help you make the best choice for your situation, and handle the paperwork and court filings.
Protect Your Rights as a Surviving Spouse
Losing a spouse brings a lot of pain and stress. Dealing with legal rights and property issues can make everything feel even harder. Thankfully, North Carolina law gives surviving spouses many protections like the intestate share, elective share, Year’s Allowance, life estate, and homestead exemption.
If you have questions about your rights or need help making sure you are treated fairly, Salines-Mondello Law Firm is here for you. Our team helps surviving spouses in Wilmington and throughout North Carolina get the property, financial support, and peace of mind they deserve. Call us today at (910) 777-5734 to schedule a consultation. We’re ready to stand by your side.