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  • Amy Privette

So you want to leave everything to your kids and not your spouse? Sorry Charlie!

Did you know that in North Carolina, you cannot disinherit your spouse. State law provides an automatic inheritance right for married couples called the “elective share.” The amount of the elective share is based on the length of the marriage and can be anywhere from 15% to 50% of the deceased spouse’s estate. Even if your Will or your Trust specifically excludes your spouse, your spouse will still have the legal right to share in your estate under the law.