Legal Question in Family Law in Maryland
Death of Non-Custodial Parent
My father who was married and had two kids ages eighteen and twelve in Maryland. Also was the non-custodial parent to a nineteen year old daughter in New York. He recently died, does this daughter have any rights to his estate?
Asked on 1/04/09, 11:39 pm
1 Answer from Attorneys
Robert Sher
Wagshal and Sher
Re: Death of Non-Custodial Parent
I'm assuming your father didn't have a will; if he did, that would control who is entitled to his estate, although his wife would always be entitled to at least 1/3. Assuming no will, all children share equally in his estate. The custody factor is irrelevent.
Answered on 1/05/09, 3:48 pm