Elizabeth Edwards May Not Have Disinherited Her Husband

I previously posted that Elizabeth Edwards’ will left nothing to her husband, John Edwards. While it is true that her will does not mention John when distributing her tangible personal property, Article V of her will leaves the remainder of her estate to a revocable trust she created in 1992. This trust is private, so it is unclear whether Elizabeth disinherited her estranged husband.

If she truly did leave him out, North Carolina’s elective share statute, N.C. Gen. Stat. Ann. § 30-3.1(a)(3) allows John to recover one-third of Elizabeth’s Total Net Assets.

Special thanks to David Frankstone (attorney, NC) and Melanie Leslie (Professor of Law, Benjamin N. Cardozo School of Law) for bringing this to my attention.