Understanding Elective Share: Rights and Fairness in Estates

Elder Law Report

Ever found yourself pondering the fairness of a will? Wonder no more, as Jane Dearwester, a fierce litigation attorney, joins me, Greg McIntyre, to unravel the complexities of elective share in estate planning. Imagine the shock of being left out of your spouse's will, or receiving a mere dollar—this discussion is all about how NC General Statute 30-3.1 swings open the doors for a surviving spouse to claim a piece of the pie, regardless of what the will says. We're peeling back the layers on an often misunderstood part of estate law, discussing how the length of a marriage can influence the cut you're entitled to, with a full half up for grabs for those in it for the long haul. And for a little extra spice, we're distinguishing the elective share from something called the spousal allowance—because who wouldn't want the first dibs on $60,000 of personal property?
Pull up a chair and join the conversation that's part heart, part humor, and entirely essential for safeguarding your tomorrow. Jane's anecdotes and my own take on the emotional rollercoaster of estate planning will not only enlighten but also entertain. It's a candid look at why a well-thought-out estate plan isn't just about the end—it's about fairness and protection when life throws its curveballs. So, for those curious about their rights, or eager to secure their legacy with a sprinkle of levity, this is the episode you won't want to miss. Grab a notepad, and let's ensure your estate planning is as airtight as the stories we share.

Chapters

1. Elective Share in Estate Planning (00:00:00)

2. Free Consult for Estate Planning (00:10:28)