Legal Question in Mediation in Maryland

I am asking this question on behalf of a 6 year old child whose mom is going through a difficult time. Her husband died and in the will he left the house for the six year old child. The Insurances was left between the aunt and the child's mother. In the will no financial contribution was made for the child. Can the mother contest the will based on the Inheritance Act 1975 Provisions. The husband also left a codicil, starting his intentions for his daughter, but I think it was not worded proerly, but his intention was clear. The aunt is fighting for half of everything. Please help this six year old.


Asked on 2/17/12, 4:50 pm

1 Answer from Attorneys
Cedulie Laumann Arden Law Firm, LLC

A spouse may have certain rights to elect a statutory share of property if they were not left a sufficient share of property by will. Your facts don't indicate what estate assets may have existed besides the house and the analysis is very fact specific. Typically life insurance proceeds will not be included in an estate. The wife/mother you reference should immediately seek legal counsel to review the will (including the codicil) and determine what action to take.

In Maryland, people have freedom to legally exclude most family members (except a spouse) from the will and I am not aware of any Maryland statute by the name you reference. (You may be referring to a British law but such would not apply to a Maryland estate).

This post offers general legal information and does not take away the need to get specific legal advice.

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Answered on 2/17/12, 8:42 pm


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