The Wife of former Democratic Vice Presidential Nominee and Presidential Candidate John Edwards was released today and showed that she provided for her children to share equally in her estate. She did not provide anything for her husband who she separated from but never divorced following his admission of infidelity and fathering another woman's child. In North Carolina as in Florida and most states a spouse has an elective share which means if they are not provided to a certain extent in the will they can elect to take a certain portion such as 30% (in Florida) regardless of what the will says. Some states this can be as high as half of the estate. Given John's wealth and public relations though it is extremely unlikely that he would make this election to not have his wife's wishes respected which would also essentially take money from their children. Additionally the will was written just days prior to her death from cancer so if the facts were different where it was not going to his children otherwise or he did not worry about the bad public relations he could potentially challenge the lack of mental capacity at the time she executed the will. If she failed to have mental capacity at the time it could be considered invalid.