Attorney for Spousal Allowance Located in Matthews, NC

North Carolina Spousal Allowance

With over forty years of experience, attorney Landon A. Dunn understands that every estate presents different circumstances. For qualifying surviving spouses, one important consideration during the estate administration process may be the North Carolina Spousal Allowance.

Formally known as a surviving spouse’s year’s allowance—and historically called a widow’s allowance—this benefit allows a qualifying surviving spouse to receive certain property from a deceased spouse’s estate.

If you have recently lost a spouse, Landon will listen to your concerns, answer your questions, and help you determine whether you qualify for the Spousal Allowance in North Carolina.

What Is a Spousal Allowance?

The Spousal Allowance is intended to provide financial support to a surviving spouse following the death of their husband or wife. It may help cover immediate living expenses while the deceased spouse’s estate is being administered.

The allowance is established by North Carolina law rather than by the deceased spouse’s will. It may be available whether the deceased spouse died with or without a will.

Both surviving wives and surviving husbands may qualify. Although the benefit was historically called the “Widow’s Allowance,” the term “Spousal Allowance” more accurately reflects who may receive it.

How Much Is the Spousal Allowance in North Carolina?

A qualifying surviving spouse may receive up to $60,000 in cash or personal property from the deceased spouse’s estate.

Examples of property that may be used to satisfy the Spousal Allowance include:

• Money held in a bank account solely in the deceased spouse’s name
• Vehicles titled in the deceased spouse’s name
• Other qualifying personal property belonging to the estate

How the Spousal Allowance affects the surviving spouse’s share of the estate may depend on whether the deceased spouse had a will and how the estate is structured. Surviving spouses should speak with an experienced North Carolina probate attorney before making decisions about their rights.

How Do I Request the Spousal Allowance?

A claim is made by filing a petition with the clerk of court in the appropriate North Carolina county. Supporting documentation may also be required.

Because eligibility requirements and filing procedures vary depending on the circumstances, surviving spouses should speak with an experienced North Carolina probate attorney as soon as possible.

Can a Surviving Spouse Be Disqualified?

A surviving spouse may be barred from receiving the Spousal Allowance under certain circumstances. These may include situations in which the surviving spouse:

• Waived the right in a valid prenuptial or postnuptial agreement
• Is barred under North Carolina’s slayer statutes
• Willfully abandoned the deceased spouse
• Was divorced from the deceased spouse
• Is otherwise barred under applicable North Carolina law

Questions involving separation, abandonment, marital agreements, or the validity of a marriage can be legally complex. An attorney can review the circumstances and explain whether the surviving spouse qualifies.

What Property Can Be Claimed?

The Spousal Allowance may be paid using cash or qualifying personal property belonging to the deceased spouse’s estate.

For example, the allowance may include funds from a bank account held solely in the deceased spouse’s name. A vehicle owned by the deceased spouse may also be transferred to the surviving spouse, with its value counted toward the allowance.

Real estate, including land and buildings, cannot be used to satisfy the Spousal Allowance. Other property may also be excluded depending on how it is owned or transferred.

What Happens If the Estate Has Less Than $60,000?

An estate may not contain enough personal property to satisfy the entire $60,000 Spousal Allowance. When the available property is insufficient, the clerk of court may enter a judgment against the estate for the remaining amount.

If additional estate assets later become available, they may be used to satisfy the deficiency.

Get Help with a Spousal Allowance

Landon A. Dunn, Attorney at Law, can help you determine whether you qualify for the Spousal Allowance and assist you with the petition process. The firm also provides guidance with probate, estate administration, and estate planning matters.