Legal Question in Family Law in Maryland

Re: Seperation and Property Settlement

Most separation agreements contain a provision that each party gives up any right which he or she would otherwise have to an interest in the estate of the other. If there is no such provision in the agreement these people signed, here could be a valid claim by the husband for an interest in the home. Most likely, though, the daughter could defeat that claim in court by the evidence of the agreement relinquishing her father's interest in the property. It is very difficult to answer in a way which relates to your specific situation without reading the agreement.

Re: Seperation and Property Settlement

Your question hings upon the language of the separation agreement. This is precisely why I caution AGAINST the use of forms or the typical $150 separation agreements that you can aquire from a lawyer through newspaper advertisements. The adage is "You get what you pay for". But then these were the decisions of your Mom.

If wife passes away without a will, then her estate will pass by way of intestacy. Maryland code will dictate who receives what and a contract (which is what a separation agreement is) will be considered based on executed and executory matters within it. Where husband makes a claim upon the estate of late wife, against the interests of daughter, a challenge lies with regard to probate of an intestate estate and an uneffected property settlement and agreement for division of assets. Where husband agreed to and accepted a buy out of his interest in said propery, daughter has cognizable evidence to overcome husband's election of a personal interest of a surviving spouse.

YOU SHOULD SEEK ASSISTANCE OF AN ATTORNEY.

G. Joseph Holthaus III

(410) 799-9002