Legal Question in Family Law in Maryland

My son's father recently dies about a month ago. He was married to his for five years. He didn't have much accept clothes, jewerly and a truck which was almost paid for. His wife has not given my son any of his father's things. She sold his truck and didn't give my son any money from the sell of the truck. Is my son entilted to any money etc. or does his wife get everything?


Asked on 10/05/09, 1:35 pm

1 Answer from Attorneys

Paula McGill Paula McGill Attorney at Law

I assume your son's father died without an will. If so read the following:

(1) Upon the death of an individual who is survived by a spouse but not by any child or other descendant, the spouse is the sole heir. If the decedent is also survived by any child or other descendant, the spouse shall share equally with the children, with the descendants of any deceased child taking that child's share, per stirpes; provided, however, that the spouse's portion shall not be less than a one-third share;

She should have opened up a case in probate. Assuming she didn't, you can do so. In the alternative, you can send her a letter certified mail/return receipt or priority mail/delivery confirmation and demand his 1/2 of the proceeds of his father's estate. If the letter is unsuccessful, your only recourse is to seek court intervention. In any event, time is of the essence in this matter.

If your son is a minor, you should initiate the action. If your son is over 18, he needs to move forward to protect his rights.

Read more
Answered on 10/10/09, 7:43 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Maryland