The Short Answer

In Pennsylvania, a surviving spouse can lose (“forfeit”) key estate rights if the other side proves the spouse willfully failed to support the decedent or willfully and maliciously deserted the decedent for at least one year before death. The evidence that matters most is proof of ongoing support, continued marital relationship (or a justified separation), and the absence of a one-year willful desertion/support failure period.

What Pennsylvania Law Says

Although your question references North Carolina, your intake indicates Pennsylvania. Under Pennsylvania probate law, “abandonment” arguments usually show up as a forfeiture claim—meaning someone (often children or other heirs) argues the surviving spouse should be disqualified from certain benefits. The core issues are whether there was (1) a willful failure/refusal to support, or (2) a willful and malicious desertion, for one year or more before the decedent’s death.

The Statute

The primary law governing forfeiture based on desertion or failure to support is 20 Pa.C.S. § 2106.

This statute establishes that a spouse who, for at least one year before death, willfully neglected/refused to support the other spouse or willfully and maliciously deserted the other spouse has no right or interest in the decedent’s estate rights under that chapter.

If the issue is a small “set-aside” type benefit (often called the family exemption), Pennsylvania also specifically ties eligibility to whether the spouse has forfeited rights. See 20 Pa.C.S. § 3121 (family exemption) (and it expressly notes forfeiture can defeat the spouse’s claim).

Evidence themes that commonly matter when defending against an “abandonment/desertion” allegation include:

• Support evidence: proof you contributed financially or provided necessities (bank transfers, shared bills, rent/mortgage payments, insurance premiums, medical expenses, caregiving records).
• Relationship/contact evidence: texts/emails/call logs, cards, photos, travel records, witness statements showing ongoing contact and intent to remain married.
• Living arrangement context: documents showing why you lived apart (leases, job transfer paperwork, medical records, protection-from-abuse filings if applicable), and whether separation was mutual or justified.
• Timeline proof: records that break the “one year or more” period (e.g., visits, reconciliation attempts, support payments) because the statute is time-specific.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict time elements: The forfeiture standard in 20 Pa.C.S. § 2106 focuses on what happened for “one year or upwards” before death—small facts can change whether that period is met.
• Burden of proof fights: These cases often come down to credibility, documents, and third-party witnesses—especially where the couple lived apart or had informal support arrangements.
• Exceptions and defenses: A separation is not always “desertion.” If living apart was justified (for example, due to the decedent’s misconduct or other legally significant reasons), the analysis can change—and it must be framed correctly for the Orphans’ Court.

Trying to handle this alone can lead to damaging admissions, missed evidence, or a record that makes it easier for the estate to argue forfeiture.

If you want more background on related Pennsylvania spouse-rights disputes, you may find these helpful: inheritance rights after separation in Pennsylvania and Pennsylvania elective share claims and defenses.

Get Connected with a Pennsylvania Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Pennsylvania to discuss your specific facts and options.

Find a Pennsylvania Attorney Now

Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.