Legal Question in Wills and Trusts in Maryland
wills and estates
my brother left his estate to his mother who died a month after him and in the case of her death, he left everything to be divided amongst his sister, and 2 nephews equally. The will was written before his marriage to a Phillipino woman who gave birth to his daughter. Does that mean that the will is null and void and if so, does it also mean the heirs listed in his will can not share in his estate/
2 Answers from Attorneys
Re: wills and estates
The will may provide for a share to his mother depending on its language. Statutory matters may apply. Did his mother have an estate? Contact me to review the documents.
Re: wills and estates
In Maryland (MD) a spouse not named to inherit can mke a spousal election against the estate of her deceased husbandand take a portion of his estate. Also wills normally state a specific period in which a person inheriting under a Will (a leagtee) must survive to inherit. In MD that is normally 30 days. If the Will is silent 30 days is the standard. A reading of your brother's will with exact dates of his and your mother's death will allow a more formal response to the rest of your question
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