Death of Husband


#1

Dear heartbroken:

Greetings. I am sorry, but your questions are not something we can answer. If you call our office and speak with Jessica, she can provide you with a referral for an estate attorney. We may also have a link to an estate attorney in our referral section of the website.

Also, I can not imagine how your counseling records would be relevant to contesting a will. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

I am not sure if this is the right place to ask this question, but I cannot find a similar forum about NC estate law. Do you have such a link?

I am fairly young (in my late 30s). My husband died last year due to an extended illness. We had discussed getting a legal divorce due to the fact that his parents had agreed to help with some of his medical expenses if we did. That was the ONLY reason that we had discussed this, but in the end, we knew it was not what either of us wanted.

Now, his parents are trying to contest his will and get the entire estate due to “the fact that he was planning to divorce me but was unable to due to his illness”, which isn’t so. The only reason either of us even thought of it was BECAUSE OF THEM and the carrot they put in front of him. After the medical bills, he didn’t leave much but the house. Fortunately, his life insurance and disability paid a lot of his medical bills without any outside help. If it matters, we had no children.

They are trying to get my house, both of the vehicles mine and the one that he drove, all of the money in his individual and in our joint bank accounts, and the amount if the life insurance (which is long gone.) It’s as if they are trying to get the divorce for him, and get everything.

They can’t do this, can they? They have no written evidence that a divorce was ever discussed. I am having a hard enough time being alone without having to worry about being alone and having to start over in every way other than what I am. Also, our wills were not made until after he was diagnosed. Not having children, we just never thought of needing them. For this reason, they are also contesting not on only on the impending divorce, but saying that a will made out under such circumstances is not legal and that I forced him to make it.

A third question. I was considering getting counseling to deal with everything, but I thought that I read somewhere that they can subpeona the records from my counseling sessions and use them as evidence in court. I have gone to a counselor or even EAP at work for that reason, though I would desperately like to. Can they do this? Would it be safe for me to get counseling and not worry about everything coming out.

Sorry to ask so many questions, and that my letter is so disorganized, but I am running scared and don’t want to make a wrong move.