Legal Question in Wills and Trusts in Maryland

Father passed with a will

My father passed on June 21, 2006, he had his will filed in the courts 7 years prior. My dad remarried but he left the house, and car to me, can you tell me if my dad's wife is entitled to anything, even though he had the house and car before he remarried. Also, I have four older brothers, and there have been alot of arguments regarding who is entitled to anything.

Asked on 1/27/08, 6:11 pm

1 Answer from Attorneys

Thomas Brown Law Office of Thomas K. Brown, LLC
0 users found helpful
0 attorneys agreed

Re: Father passed with a will

Regardless of what the will says, a surviving spouse may "elect against" the will and claim a portion of the value of the estate set aside by statute. In Maryland, the surviving spouse may claim 1/3 of the net estate where there are surviving issue, and 1/2 where there are none. Take a look at the Maryland Code, Estates and Trust 3-203. A valid prenuptual may affect the surviving spouse's rights here.

Read more
Answered on 1/27/08, 8:38 pm

Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Maryland

Looking for something else?

Get Free Legal Advice

88953 active attorneys ready to answer your legal questions today.

Probate, Trusts, Wills & Estates Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony SmithLawSmithLee's Summit, MO
Rahul Manchanda, Esq.Manchanda Law Office PLLCNew York, NY
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now