Maryland  |  Wills and Trusts

Legal Question

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

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.

1 Answer

Answered on: 1/27/08, 8:38 pm by Thomas Brown

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.

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