Legal Question in Wills and Trusts in Maryland

My ex passed away about 2 and a half years ago. Circumstances were a bit awkward and I was surprised to learn he left me a sum of inheritance. I was unsure of what to do and have put it off for quite some time. I was curious as to whether it was still available after all this time or if it has passed to the next beneficiary? As previously stated it's been about 2 and a half years and I'm not sure where to start.


Asked on 7/26/10, 7:58 am

2 Answers from Attorneys

Sean T. Morris Law Office of Sean T. Morris

It is very difficult to answer a question like yours without knowing more facts. Were you notified at the time of death that you were a beneficiary of his estate? The statute of limitations for claims against an estate is generally 6 months, so it may very well be too late. But there could be some facts -- for example, related to whether you were appropriately notified or if someone tried to keep the information of your inheritance from you -- that could have an impact on that. I would be happy to take a look at this for you to see if there is any basis to make a claim. You should probably not delay any further if this is something you want to pursue. Feel free to send me an email: [email protected].

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Answered on 7/26/10, 11:37 am
Cedulie Laumann Arden Law Firm, LLC

As the prior attorney noted, it would be wise to take action sooner rather than later. Where to start depends on what type of inheritance this was. Was this something named in the will or not? For instance, if he named you as beneficiary on a life insurance policy you might need to start with the carrier (this would not pass through his estate and the estate claims period may be irrelevant).

If you stood to inherit under the will, then it would be prudent to have counsel to examine the will. Some bequests to former spouses get invalidated by divorce. When things pass under a will through probate, the first thing to do is check whether an estate was opened. If no estate was opened (which sometimes happens despite the passage of years), you would want to make sure the estate gets opened.

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Answered on 7/26/10, 6:41 pm


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