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Can a spouse destroy a will after death

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april65

Junior Member
undefinedWhat is the name of your state? North Carolina
Can a spouse destroy a will? There were no children in the marriage but there were friends that the deceased left items and monetaries to. Can she by law destroy the will or does it have to be read? If she cannot legally destroy the will, then what can be done if she did?
 


I AM ALWAYS LIABLE

Senior Member
april65 said:
undefinedWhat is the name of your state? North Carolina
Can a spouse destroy a will? There were no children in the marriage but there were friends that the deceased left items and monetaries to. Can she by law destroy the will or does it have to be read? If she cannot legally destroy the will, then what can be done if she did?

My response:

Sure she can. There's no law against it. Her husband obviously didn't give a crap about anyone or anything - - otherwise he would have given sealed copies to his attorney, family and friends.

So, because he didn't give a sh!t, this is what happens in Trailerville!

IAAL
 

Dandy Don

Senior Member
Friends should hire a probate attorney to get probate opened up and ask judge to ask widow to produce the will. If you know what attorney he used to draft the will, talk to that attorney for insight. If you don't know if he used an attorney to draft it, consider placing an ad in the classified section that mentions you are searching for the will and to contact you for any information.

Do you know of any friends/acquaintances who might have witnessed the will?

DANDY DON IN OKLAHOMA ([email protected])
 
In NC it is illegal for someone other than the testator to tear up a will. A lawyer will need to assist you with this and the wills witnesses will help prove that there was a will.
 

I AM ALWAYS LIABLE

Senior Member
my nightmare said:
In NC it is illegal for someone other than the testator to tear up a will. A lawyer will need to assist you with this and the wills witnesses will help prove that there was a will.

My response:

Okay, let's assume that there was a Will in existence. How would YOU prove that it was destroyed by the spouse? Maybe it was lost. Maybe the testator lost it. Maybe the testator destroyed it.

Now, prove to me that the spouse destroyed it.

IAAL
 

BelizeBreeze

Senior Member
I AM ALWAYS LIABLE said:
My response:

Okay, let's assume that there was a Will in existence. How would YOU prove that it was destroyed by the spouse? Maybe it was lost. Maybe the testator lost it. Maybe the testator destroyed it.

Now, prove to me that the spouse destroyed it.

IAAL
and the answer is: But I KNOW who did it, I just can't PROVE it :D
 

I AM ALWAYS LIABLE

Senior Member
my nightmare said:
NC statute 31:15 states that the clerk of superior court may compel any person to exhibit the will for probate.

My response:

Yeah, so what?

That's assuming one exists! What if the spouse says nothing exists? Now what?

IAAL
 
Your witnesses say it does exist because they signed it.

Our bickering back and forth is not helping the person that posted the orignal thread.
 

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