Can a spouse claim an allowance or share if a child controls? | NC

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Q: Can a surviving spouse claim a spousal allowance or elective share if the will leaves control to an adult child? A: Yes. Under North Carolina law, naming an adult child as executor or beneficiary does not, by itself, wipe out a surviving spouse’s rights. If the spouse legally qualifies, they may usually claim the surviving spouse’s allowance of sixty thousand dollars. They may also file for…