Legal Question in Wills and Trusts in Maryland
Does a legal Will override marriage?
My father recently had a stroke and is a severe alcoholic. He doesn't remember what day it is and I feel can be easily taken advantage of. His live in girlfirend of 10 years has convinced him to marry her. His will currently allows for a trust for her but everything else is divided among my sibling and me. If he was to pass and not change his will to leave everything to her, would she be able to fight it saying she is his wife and deserves it for taking care of him? What is she entitled to?
1 Answer from Attorneys
Re: Does a legal Will override marriage?
If the marriage is legally valid then she would be entitled to make an election against the will, or otherwise known as an elective share. This would enable her to take one-third of the net estate if there are surviving children or one-half of the estate if there are no surviving children. Under this election the surviving spouse cannot take more than half of the net estate.
Time limits apply for the spouse to make the election after the death of the other spouse. The right of the election can be waived if proper documentation is given effect. There are issues with effecting the waiver given the facts you describe.
Contact an attorney should you require assistance.
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