This is for a second opinion. My spouse filed for a Bed & Board divorce when he found out he had stage 4 lung cancer and I wouldn’t sign over a piece of real property. If he dies before it goes to court, what will happen to all real property providing we have an 18 yr old daughter, and a 27 year old son from a previouse marriage and mother has also died 24 yrs ago but deed to that is still under hers amd my husbands name. We do have other properties for investment. My lawyer has counter filed. If he died before going to court, am I entitled to a portion of his retirement even though he has not named me beneficiary? Do I get a 1/3 portion of all real properties including the one I live in, or can my lawyer hurry and do a special warranty deed for the real properties upon his death and they would be mine?
What happens at death is really a question for an estate lawyer. It depends on (1) how property is titled; (2) listed beneficiaries; (3) his will; and (4) your ability to seek a spousal share under NC law.