Legal Question in Wills and Trusts in Maryland

Re: Equitable Property

Your legal rights would depend on the scope of the power of attorney (i.e. does it give you full control over your father's affairs or allow you to take specific, limited actions on his behalf) and when it is effective (i.e. was it effective when signed or does it only become effective upon his incapacitation). You may want to have an attorney review the power of attorney if you are unclear regarding the scope of your authority.

In Virginia, upon a person's death his or her spouse is entitled to elect a forced share of 1/3 of the augmented estate (the estate minus certain claims and expenses plus certain transfers made by the decedent during the marriage) if the decedent is survived by children or their descendants or 1/2 of the augmented estate if the decedent is not survived by children or their descendants. The forced share is available whether the person died with or without a will. In addition, a surviving spouse may be entitled to a family allowance, exempt property, and a homestead allowance which can add up to a fairly substantial amount of property that passes to him or her as a matter of right.