Legal Question in Wills and Trusts in Maryland
estate was left to 3 children. One of the children pass. Would the wife take his place in the will?
Asked on 2/11/10, 5:33 pm
1 Answer from Attorneys
Richard Abraham
Abraham & Bauer, LLC
The will should have language that details what happens if one of the children predeceases his/her parent or did not survie that person by thirty days. If the will is silent and they survived by more than 30 days, then the dieing child's estate shall take his/her share
The wife can timely file a spousal election for up to 1/3 if she was disinherited in her husband's will
Answered on 2/16/10, 6:36 pm