Legal Question in Wills and Trusts in Maryland
1. My sister and I lived with my mother until we went to college. I am now 67 and she is now 60.
2. I spent 12 years at college and through my first marriage that lasted 6 years.
3. While married we had a son who is now 40.
4. When my first marriage failed, my mother and I started living together again to save money. She, my son and I lived together from 1976 until her death in 2000.
5. My sister never returned home after leaving for college.
The problem:
1. When my sister came up to my Mom's funeral we never discussed what would become of her belongings. For example, furniture, silver, personal items.
2. Since I lived with her, I continued to live with those items.
3. Now my sister wants some of those things and I have given her a few. She says she's entitled because she grew up with those things in the house just like I did. And she has a point.
4. However, so did my son...he grew up with all those items as well and he would like some of them.
5 I photographed each and every item and sent them to both my sister and my son so they could tell me what they would like for me to leave them in my will. There is quite a bit of overlap.
6. Anyway, my sister also has a son -my nephew, who is 30. And my sister wants him to get the things I leave to my son after he dies so that the items remain in the family My son does not and will never have children.
My Question:
Can I state in my will that upon my death XYZ goes to my son AND that at my son's death that XYZ-MUST to go to my sister, if alive, and if she is not alive then MUST go to my nephew?
Thank you
1 Answer from Attorneys
Is it possible to dictate that property X goes to a certain person to use during their lifetime, then to someone else? Yes. However, doing this generally requires setting up a Trust and designating a Trustee. One cannot give property outright to someone and then tell that person what they must do with the property down the road.
However, from the facts provided, the answer to your question likely hinges on the distribution of your Mother's estate (not yours) since the property belonged to her. If your mother died with a will, then that controls. If she did not, then the laws of intestate succession apply and they generally say that property is split between the decedent's children.
You may wish to consult with an estate attorney to review the estate paperwork related to your late Mother, as well as any planning documents you intend to draw up for yourself.
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