Legal Question in Wills and Trusts in Maryland

man and woman divorce. divorce papers state man pays 350,000 up front, 1200.00 a month for five years with 450,000 lump sum at end of five years. woman passed away. in her will she names boyfriend as beneficiary of her estate. does estate end upon her death or does former husband continue to pay into estate until entire amount for five years is paid. when does his obligation end? former wife lived in North Carolina, former husband lives in Maryland, divorce filed in state of Maryland. former wife died in state of North Carolina,


Asked on 3/07/10, 10:21 am

1 Answer from Attorneys
Cedulie Laumann Arden Law Firm, LLC

The specific divorce papers (namely the settlement agreement and/or divorce decree) will help answer your question. Some debts may be enforceable by a deceased persons' estate while other rights to money will terminate at death. The identity of the ultimate estate beneficiary doesn't change any of the obligations. The estate will be opened in the state where the former spouse lived/died (here, NC) but that doesn't really change the terms of the Maryland decree. In some cases with facets in two different states, you may need more than one attorney (for instance, if the former husband has a Maryland lawyer to review the obligation but needs to file some objection to an estate claim, a North Carolina attorney may handle the estate paperwork in that state).

You are strongly encouraged to consult a lawyer to review the legal obligations contained in the divorce paperwork you describe.

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Answered on 3/13/10, 10:35 am


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