WAS NOT PRESENT WHEN THIS AGREEMENT WAS DRAWN UP, I DID SIGN IT, NOT IN FRONT OF A LAWYER, IS THIS AGREEMENT LEGAL?
If the agreement is otherwise valid, the fact that you were not present when it was drawn up, and that you did not sign it in front of a lawyer does not make it invalid.
IN MY HUSBANDS WILL (SECOND MARRIAGE) THE WILL READS, ALL HOUSEHOLD FURNISHINGS, MY WIFE OWN, AND BELONGS TO HER, WILL THE H/F HAVE TO BE PROBATED? ALONG WITH EVERYTHING HE OWNS, ALL PROPERTY IS IN HIS NAME ONLY, I WAS TOLD IF THE WILL SAYS I OWN ALL H/F IT WOULD NOT BE PROBATED, I'M NOT TO SURE ABOUT THIS,
The will must be probated in any case, but the household furnishings would not be subject to probate if they belong to you and not your husband. I am not sure if saying in the will that the property is yours would have the effect of keeping the property out of probate; however, because of the statement in the will, the probate court would probably award the furnishings to you. However, the best way to accomplish your getting the furnishings without probate is to have your husband sign a document that states he gives the furnishings to you now as a gift. That way there will be no problem. It is your property, not his.
ALSO, EVERYTHING HE OWNS GOES TO HIS DAUGHTER IN HIS WILL.
I WAS ALSO TOLD BY THE LAWYER IF I'M NOT THE EXECUTRIX OF THE WILL I WOULD NOT HAVE ANY SAYSO CONCERNING THIS WILL, IS THIS TRUE?
That is true as far as administering the will.
IN THIS WILL I HAVE POSSESSION OF HOME UNTIL 4 MO. AFTER PROBATE IS COMPLETED OR FOR 2 YEARS WHICHEVER COMES FIRST, CAN THIS BE INFORCED?
I believe that is a valid clause and is enforceable, however, see the answer below.
AND LASTLY CONCERNING, EVERYTHING GOING TO HIS DAUGHTER, WOULD I HAVE ANY RIGHTS, AS HIS WIFE?:
THANKS, FOR YOUR ANSWER TO THESE QUESTIONS,
You have the right to “dissent to the will.” If you do, You will take no property under the will (including the use of the home for the period given in the will). However, you would be entitled to the share of real property and personal property, as described in the NC law below:
Chapter 30.
Surviving Spouses.
ARTICLE 1.
Dissent from Will.
§§ 30-1 through 30-3: Repealed by Session Laws 2000-178,
s. 1.
§ 30-3. Effect of dissent.
(a)Upon dissent as provided for in G.S. 30-2, the
surviving spouse, except as provided in subsection (b) of this
section, shall take the same share of the deceased spouse's real
and personal property as if the deceased had died intestate;
provided, that if the deceased spouse is not survived by a child,
children, or any lineal descendants of a deceased child or
children, or by a parent, the surviving spouse shall receive only
one half of the deceased spouse's net estate as defined in G.S.
29-2(5), which one half shall be estimated and determined before
any federal estate tax is deducted or paid and shall be free and
clear of such tax.
(b) Whenever the surviving spouse is a second or successive
spouse, he or she shall take only one half of the amount provided
by the Intestate Succession Act for the surviving spouse if the
testator has surviving him lineal descendants by a former
marriage but there are no lineal descendants surviving him by the
second or successive marriage.
§ 29-13. Descent and distribution upon intestacy.
All the estate of a person dying intestate shall descend
and be distributed, subject to the payment of costs of
administration and other lawful claims against the estate, and
subject to the payment of State inheritance or estate taxes, as
provided in this Chapter. (1959, c. 879, s. 1; 1999-337, s. 5.)
§ 29-14. Share of surviving spouse.
(a)Real Property. – The share of the surviving spouse in
the real property is:
(1) If the intestate is survived by only one child or by
any lineal descendant of only one deceased child, a
one-half undivided interest in the real property;
(b) Personal Property. – The share of the surviving spouse in
the personal property is:
(1) If the intestate is survived by only one child or by
any lineal descendant of only one deceased child,
and the net personal property does not exceed thirty
thousand dollars ($30,000) in value, all of the
personal property; if the net personal property
exceeds thirty thousand dollars ($30,000) in value,
the sum of thirty thousand dollars ($30,000) plus
one half of the balance of the personal property;
