Legal Question in Wills and Trusts in Maryland

Is a wife who has been married for 8 years entitled to her husbands house if he passes? The house is paid for and was aquired before marriage. the wife is not listed on the will but other living family member are listed on the will. state of maryland

Asked on 8/29/13, 7:57 pm

2 Answers from Attorneys

Cedulie Laumann Arden Law Firm, LLC
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No.

A spouse cannot be written out of a will entirely and may be entitled to a forced 1/3 share but is not entitled to the whole house if the will does not provide for the surviving spouse to get more.

Note that some factors (such as a prenup) or if the will was created before someone married AND had children will affect this general answer. While I hope this general legal information helps, it does not take the place of getting personal legal advice and review specific to your particular situation.

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8/29/13, 8:23 pm
Thomas Valkenet Young & Valkenet
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While the wife is not guaranteed to receive the house, she is entitled to her "elective spousal share." Maryland does not allow one spouse to deprive the other of an inheritance. But it is a monetary value, and not necessarily an "in kind" inheritance.

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8/30/13, 7:56 am

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