Pierce Law Group | Estate Administration Lawyers North Carolina
North Carolina Probate and Estate Administration Lawyers
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Can a surviving spouse challenge a spouse's children's request? | NC

Pierce Law Group

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Q: Can a surviving spouse challenge what a spouse's children are requesting in probate court? A: Yes — often they can. If the surviving spouse has a direct legal interest in the estate, or the children’s request affects the spouse’s rights, the spouse can usually object or file their own claim in the probate case. That may involve a spouse’s allowance, an elective share, or even a challenge to…

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