Legal Question in Wills and Trusts in Maryland

I have two children, one that I am involved in on a daily basis and the other I have never met, due to the child's mother being difficult. I did not fight her because to me, it was a losing battle. She has made threats here and there on the rare occasion I've had contact with her (via email) that when I 'kick the bucket' she will be sure to go after my estate if her child is a minor and if the child is an adult 'pay the best attorney to make sure' my other child gets nothing. I want everything to go to my one child and not anything to the other. I've been told if I have a will and only name my one child, it could easily be challenged and said that I unintentionally left out the other and it would be split in half. Can I make a will that clearly states I am intentionally leaving nothing to the one child? Or can it still be challenged and the other child gets half anyway?


Asked on 5/21/13, 11:07 am

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm, LLC

Thank you for your post. I am sorry to hear of the situation and distance in your relationship with one of your children.

If the children were both adults, then, yes, the law allows a Testator to write one or both out of the will. One can legally disinherit most family members (except a spouse), although this opens up the estate to challenge, there are ways to prevent or minimize the risk of challenges. However, since parents have a duty to support their minor children this becomes more difficult if someone wants to cut off a minor child.

There are ways to do basic estate planning to ensure that one's children (and not their parent or guardian) get one's estate. The law gives a variety of ways to do this from designating a responsible adult you know as Trustee or using the funds to purchase an annuity for the benefit of the child or even designating a person to serve as Custodian under Maryland's uniform gift to minor's act.

While I hope this general legal information helps, it does not create any attorney/client relationship nor does it offer specific legal advice. You are encouraged to seek legal counsel for specific planning needs.

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Answered on 5/23/13, 11:39 am


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