Legal Question in Wills and Trusts in Maryland

My father and Mother divorced when I was 3. He paid support money until I was of age that he didn�t have to anymore. That was great of him. I didn�t see him anymore after I was 10. I wrote him when I was in my mid 40's (I've always knew where he was from other relatives). All I did in my letter was say something like "We are both adults and I think it would be a great thing if we broke the ice and the silence and started some kind of dialogue between us. My son has always wondered about his Grandfather and now he is a teenager and I am sure he'd love to talk to you and most likely vice versa. I want nothing from you other than just to have a simple correspondence and get caught up. Let's talk sometime or write me back. Thanks" He wrote back "Never invade my privacy again. I have my own life and family and they don�t know about you so don't contact me again." His two girls are in their 50's and late 40's. I am a Jr. I found it hard to believe they didn�t know I existed when I heard their names my whole life. I'm 57.

This made me very upset as well as my family. I wrote him back later on and said I was sorry I invaded his privacy and I only wanted a dialogue. I couldn't believe that he could have been so bitter to his own flesh and blood when I never did anything to him. He wrote back and tried to blame me for waiting so long, acting like I must have an agenda. I had none. But respecting his wishes I never wrote back again. Last year (about 10yrs after his last reply) I found one of my half sisters on Classmates.com. I couldn�t help it; I had to know if she knew who I was. So I asked and she said she never heard of me. I did not say I was her half brother, rather just another relative with her last name. However when she found out I was a jr., I guess she went to her dad, and I got back a nasty reply from her saying "my father is 80 yrs old and had a stroke a few years ago,. Please don�t ever write us or contact us again. I don�t want him to get upset. Yes I know who you are!" Again snubbed and spit on. I never wrote her back although I have much to say to that side of my family after all this. It's just unbelievable being a parent my self how someone could be so cold and heartless. It has made me angry over the last few months and I have been thinking that I hate for them to have been able to silence me without any kind of defense on my behalf. My question is, because of the way I was treated, do I have any entitlement to my father's estate when he dies? Actually truth has it, I don�t want a penny from him or them! But I can�t think for just myself. If could get something from him to benefit my family I would gladly take it now just because of my treatment. Yes he is most likely worth a good bit, retiring as VP of big company and moving to a golf course community in Palm Desert, Ca. I have many sleepless nights over this whole thing. Anyone would tell you I am not a gold digger! I just think maybe I should find out about my rights in this case.


Asked on 7/04/10, 6:31 pm

1 Answer from Attorneys
Cedulie Laumann Arden Law Firm, LLC

I am sorry to hear about the strained family relations and the unwelcome reception you received. As a child you would have rights to inherit under the laws of intestate succession - that is, if a parent dies without a will children stand to inherit a portion of their parent's estate (regardless of the relationship between the parties or the existence of any divorce between the child's parents). The laws of intestate succession may vary from state to state.

While it sounds like your parents only divorced, in cases where a child is adopted by someone else or parental rights are terminated through a court proceeding, the child is no longer legally an heir and thus would not inherit from their biological parent.

In any event, a person can generally make a will and cut out family members who would otherwise inherit. There are some exceptions to this general rule ( particularly for spouses). Note that children cut out of an inheritance through a will remain "interested persons" and need to get notice of anything that takes place with the estate (at least in Maryland). While you may suspect that your parent has written you off (literally and figuratively) one cannot really know for sure what they will do in the final years of life, nor will you probably know ahead of time whether or not the parent made up a will if you are not on speaking terms.

Read more
Answered on 7/07/10, 11:40 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Maryland