Legal Question in Wills and Trusts in Maryland

If you have been separated for 35 years, are you intitled to half of you spouses inheritance?

Asked on 3/14/11, 5:12 pm

1 Answer from Attorneys

Charles Stewart Law Office of Charles R. Stewart, LLC

If you're still married and have no will, your spouse will be entitled to receive the first $15,000 and half of the remainder if you have surviving children parents, or your entire estate if not. Even if there is a will, however, your spouse is still entitled to set aside the will and claim an elective share - one third if you have children and one-half if you don't.

Hopefully you separated with a good separation agreement in place which addresses the issue. If not, now would be a good time to either execute one, or better yet get the divorce.

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Answered on 3/15/11, 9:43 am

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