Elizabeth and John Edwards

[happyscooter]

So I live in NC and you all know about John and Elizabeth Edwards. She revised her will 6 days before she passed away leaving nothing to John and everything to her 3 children. Her oldest daughter is the executor. They were never legally divorced as she passed away 1 month short of the year needed to have been separated. Since NC is a community property state, will he get everything regardless of what her will states?

[Deleted]

I'm not a lawyer but let me take a stab at this. Most states specify a minimum % of the estate that goes to a spouse (I think it's 1/3). The spouse is allowed to choose what he/she was left in the will or can elect to"take against the will" and get the state minimum. If Edwards has a shred of decency he'll let the estate be distributed the way Elizabeth wanted it.

[happyscooter]

A shred of decency? Have you read anything about him?

[Deleted]

I can see him fighting the will and trying to get his hands on everything... Sad.

[swamp]

Weren't they legally separated? A surviving spouse who is disinherited has a right of election against a the deceased spouse's estate where they are entitled to a certain percentage of the assets, (in NY its 1/3). However, oftentimes there is a waiver of the right of election in a separation agreement. It's a pretty standard clause and I would assume that it was in there.

Community property state pertains to division of assets in a matrimonial action, not estate proceedings.

[Deleted]

Jan 7, 2011 9:32:50 GMT -5 swamp said:

However, oftentimes there is a waiver of the right of election in a separation agreement. It's a pretty standard clause and I would assume that it was in there.

You'd hope that her attorney would have known to include that clause.

After my (messy) divorce, I drew up a new will and named a brother and SIL as DS's guardians if I died while he was a minor. My attorney threw in some very strong wording about why I did NOT want my Ex as guardian, just to make sure no one would think I'd forgotten about my Ex as a possible guardian.

[thyme4change]

Does John Edwards need her money? I thought he had big money of his own from convincing people to sue other people and then keeping most of their settlement.

[Deleted]

The will was probably only a tiny portion of her actual estate. I'm sure her trust is what deals with the money. DH and I have a will/trust and the will only lists physical belongings below a certain value. If I remember correctly I think our will says that anything of value should be put in the trust. Maybe the lawyers can help me? I think it's a spillover provision.

But if I had a cheating husband, a substantial estate, and children you better believe I'd leave everything to the kids. If John Edwards remarries his assets will probably be divided between the old family and the new.

[thyme4change]

Jan 7, 2011 10:56:34 GMT -5 @anne81 said:

If John Edwards remarries

I think he has already announced his engagement to his mistress.

Way to keep it classy John.

[swamp]

Jan 7, 2011 10:51:01 GMT -5 thyme4change said:

Does John Edwards need her money? I thought he had big money of his own from convincing people to sue other people and then keeping most of their settlement.

I thought he had money his own money too. Who knows? <shrug>

[mudflap81]

Does John Edwards need her money?

Need? No, does not need at all.
Want? Yes, yes he does. He's a greedy slimeball that is the perfect example of an "ambulance chaser." He's everything that is wrong with the legal profession.

[Savoir Faire-Demogague in NJ]

I thought he had money his own money too. Who knows? <shrug>

The question is not that he has his own money, but is he legally entitled to a portion of her estate. Need does not enter into the equation.

[swamp]

Jan 7, 2011 11:08:44 GMT -5 mudflap81 said:

Does John Edwards need her money?

Need? No, does not need at all.
Want? Yes, yes he does. He's a greedy slimeball that is the perfect example of an "ambulance chaser." He's everything that is wrong with the legal profession.

As a lawyer, I'd have to agree with that assessment.

[swamp]

Jan 7, 2011 11:10:06 GMT -5 Savoir Faire-Demogague in NJ said:

I thought he had money his own money too. Who knows? <shrug>

The question is not that he has his own money, but is he legally entitled to a portion of her estate. Need does not enter into the equation.

There's legally entitled and then there's what's morally right. Just because he's entitled doesn't require him to make a claim, and if the separation agreement was not drawn correctly, he might have one.

However, since the money would be otherwise going to his kids, he's be a slimeball to claim it.

[thyme4change]

There are ways to keep money separate in marriage. It isn't usually work it for us regular Joe-work-a-days - but I suspect these people in this situation have had legal agreements long before their marriage started crumbling.

John and Cindy McCain have all kinds of weird things that keep their money separate - because it is hers.

[Savoir Faire-Demogague in NJ]

There's legally entitled and then there's what's morally right. Just because he's entitled doesn't require him to make a claim, and if the separation agreement was not drawn correctly, he might have one.
However, since the money would be otherwise going to his kids, he's be a slimeball to claim it.

Yeah, I agree 100% with this assessment. It would be political suicide for him. This would be like Chappaquiddick was for Sen Edward Kennedy.

[kinetickid]

Jan 7, 2011 11:24:46 GMT -5 Savoir Faire-Demogague in NJ said:

There's legally entitled and then there's what's morally right. Just because he's entitled doesn't require him to make a claim, and if the separation agreement was not drawn correctly, he might have one.
However, since the money would be otherwise going to his kids, he's be a slimeball to claim it.

Yeah, I agree 100% with this assessment. It would be political suicide for him. This would be like Chappaquiddick was for Sen Edward Kennedy.

Agreed and agreed.

So, SF, you're "saviour" faire now?

[Poppet]

It would be political suicide for him. This would be like Chappaquiddick was for Sen Edward Kennedy.

Edwards already has his own "Chappaquiddick" in the fact that he fathered a child with another woman while his wife was slowly dying of cancer.

No will fiasco will top that.

[happyscooter]

And, he denied she was his child.

[Savoir Faire-Demogague in NJ]

So, SF, you're "saviour" faire now?

Yeah, I dropped the "Demogague in North Jersey" part....

[phil5185]

And the scary part - this guy was within a heartbeat of becoming the Dem Presidential candidate.

[happyscooter]

Savior? Saviour? Sav.........?

[happyscooter]

What's your point Phil?

[kinetickid]

Jan 7, 2011 15:32:05 GMT -5 happyscooter said:

Savior? Saviour? Sav.........?

Yeah, I was wondering that, too...

[swamp]

Jan 7, 2011 15:32:29 GMT -5 happyscooter said:

What's your point Phil?

I think he's saying slimy people shouldn't be politicians............

[happyscooter]

I can't spell it but the word meaning 'smooooth'.

[happyscooter]

Jan 7, 2011 15:39:02 GMT -5 swamp said:

Jan 7, 2011 15:32:29 GMT -5 happyscooter said:

What's your point Phil?

I think he's saying slimy people shouldn't be politicians............

[Savoir Faire-Demogague in NJ]

I've seen "Saviour Fair" spelled a number of ways...

No one even commented on my Avatar....

[happyscooter]

But he's so CUTE AND HOT. (I can't find the smiley to fit.)

[happyscooter]

I didn't do that right. Sorry.