If you and your spouse are separated or you have recently divorced, this blog will summarize the relevant North Carolina statutes.         Separation and Estate Planning A separation alone has no legal effect on your estate plan.  If you and your spouse have executed a separation agreement, it will likely have reciprocal renunciations of statutory spousal rights such as the Year’s Allowance, Intestate Succession, and the Elective Share.  These spousal rights exist regardless of whether your Will or Trust includes your spouse. As my Wills and Trusts professor always said, “you can’t disinherit your spouse in North Carolina.”  Without a … Continue reading →