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Spouse allowance vs elective share—can a surviving spouse take both? | NC

Pierce Law Group

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Q: What is the difference between a spouse allowance and an elective share, and can a surviving spouse take both? A: A spouse allowance, often called a year’s allowance, is meant to provide quick, near-term support for the surviving spouse during the first year after the death. It is a set-dollar award ordered by the clerk and is usually satisfied from the estate’s personal property, with a…

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