Spousal Rights Protection
Elective Share in North Carolina
Protecting the rights of disinherited spouses and ensuring fair distribution under North Carolina law
When a surviving spouse is cut out, the law gives them the power to fight back.
No one expects to lose their partner - and then be forced to battle for what the law already says is theirs.
Yet every year in North Carolina, surviving spouses discover they have been disinherited, minimized, or quietly erased from a will or trust they helped build.
That is when the Elective Share exists - and when you need a firm that knows how to enforce it.
Our focus is clear: we litigate elective share claims, fiduciary misconduct, and estate disputes across North Carolina. Led by Kirk Sanders, an experienced estate litigation attorney, we represent surviving spouses who refuse to be disinherited and pursue the share the law guarantees them.
Know Your Rights
Understanding Elective Share Rights
What is the Elective Share?
North Carolina law protects surviving spouses from being intentionally or unfairly disinherited. The Elective Share allows a surviving spouse to claim a statutory percentage of the deceased spouse assets - regardless of what the will or trust says. This includes not only probate assets, but many assets that were moved into trusts or transferred shortly before death to avoid the spouse rights.
When Is an Elective Share Claim Necessary?
You may need to file an elective share if:
- Your spouse left you little or nothing of their assets
- Property was transferred to children, relatives, or new partners before death
- Assets were hidden in trusts, LLCs, or beneficiary accounts
- You were pressured to sign waivers or prenuptial agreements you did not understand
- You are being told there is nothing you can do - when that is simply not true
Warning Signs of Elective Share Abuse
- Large asset transfers in the year before death
- Sudden changes to estate plans after illness or diagnosis
- New advisors or friends controlling financial decisions
- Your spouse isolated from you near the end of life
- Estate administrators discouraging you from seeking counsel
Legal Grounds for Enforcing an Elective Share
These cases frequently involve:
- Elective Share Petitions
- Fraudulent Conveyances - Property transferred to defeat your marital rights
- Undue Influence or Lack of Capacity
- Breach of Fiduciary Duty
- Invalid Waivers or Prenuptial Agreements
Elective Share litigation requires valuation of complex asset structures, tracing of pre-death transfers, and aggressive court advocacy.
Why Surviving Spouses Trust Us
Elective share cases are not academic - they are financial survival.
Attorney Kirk Sanders has:
- Forced inclusion of hidden assets back into estates
- Discovered assets in one estate and trust combination that the value opponents claimed of $5,000,000 ended up being over $20,000,000 because of his sleuthing
- Recovered property transferred to avoid spousal rights
- Invalidated coerced or deceptive waivers
- Secured fair statutory shares for surviving spouses who were left behind
Attorneys across North Carolina regularly refer complex spousal inheritance cases to our firm because they know we understand both the statute - and the strategies used to evade it.
How It Works
Elective Share Claim Process
Case Evaluation
Review of estate documents, marriage duration, and asset identification
Filing Petition
Timely filing within the statutory deadline of six months from estate administration
Asset Discovery
Comprehensive investigation of all marital and separate property
Resolution
Negotiation or litigation to secure your rightful share
Eligibility
Who Can Claim the Elective Share?
Eligible Claimants
- Legal surviving spouse at time of death
- Guardian on behalf of incapacitated surviving spouse
Share Calculation
- Based on length of marriage
- Ranges from 15% to 50% of Total Net Assets
- 15+ years of marriage: 50% of marital property
Our Expertise
Why Choose Our Firm?
Specialized Experience
Focused practice in elective share and estate litigation
Proven Results
Track record of successful spousal rights claims
Contingency Available
Most cases handled on contingency fee basis
Take Action Now
Your Case. Your Rights. Your Fight.
If you have been excluded, minimized, or manipulated after your spouse death, do not wait. There are strict and short deadlines to file an elective share - and once the deadlines pass, your rights are gone forever.
We will evaluate your case, explain your rights, and fight to secure the share the law promises you. Most Elective Share cases we handle are on a contingency fee basis, where the firm only gets paid a percentage of the amount collected for you.