Legal Question in Family Law in Maryland
What are the rights of the children when parent is remarried?
My mother died from brain cancer. As her children from her first marrige, we urged her to do a will. She did not do one, and gradually her health declined, along with her mental capabilities, that by the time we obtained a lawyer nothing could be done. Her second husband stated that they have no assets to dispose of. My mother kept all our childhood belongings; clothes, dolls, pictures of us through out our school years, silver trinkets, jewelery. She commented verbally several times that whatever she owned in terms of her jewelery and furniture she bought should go to her daughters. The lawyer we obtained told us technically we have no rights to those belongings since she did not have a will, and they were in her possession at the time of her death. I can't imagine why her second husband would want my barbie dolls that were given to me by my father but what I understood since those items were in my my mother's possession, Maryland law states that it is her husband's property since there was no will. I would like to know what is the law code or reference that I may look up?
1 Answer from Attorneys
Family law, divorce, custody, adoption
Hello. Please accept my sympathy in the loss of yourmother. I have recently lost a close family member myself, andI know how comforting it can be to have some small possessionsof theirs.
First of all, your question should be classified under trusts & estateslaw. Anyway, you can go to either University of Baltimore or Universityof Maryland, both have a law library you can use for free.
Ask a librarian to direct you to the Maryland Annotated Code, and pickout the book that says Estates & Trusts. In that book, there will be law under "intestate estates," which means the person died without a will. I would direct your attention to section 3-102.
I don't mean to insult your intelligence, but have you ever tried to just ask your mother's husband for the dolls, etc. back? Maybe if he knew how importantthey are to you, he would simply return them.
Basically, I can tell you that if there are any surviving MINOR children, thehusband only gets 1/2 of the estate. If you are all over 18 yrs. old, then thehusband ("surviving spouse") gets the first $15,000.00 and one half of anything in addition to that. So, if your mother's estate is less than $15,000.00 the husband technically may be entitled to the entire estate.
I hope that you can work things out. It is really a shame to hear that someonewould deprive you of your childhood toys, etc., and the memories that accompany them.
Good luck! [email protected] (Jamie Marthaler, Esq.)
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
