Legal Question in Wills and Trusts in Maryland

Is she legally separated from her husband? If not, she may want to think about getting a divorce beforehand. Unless he improved the property during the marriage, he wouldn't be entitled to any increased value in the divorce.

The alternative would be to transfer the property to the children now and keep a life estate in the property. She may want to do this anyway because of nursing home issues. One of the downsides to this option is if she wants to sell the property or use the property for financing, it would be impossible without the approval of the remaindermen (the children).

Similarly, a revocable trust would also be a valuable tool.

Wills are problems because they have greater risks of being challenged in probate court. Moreover, without a divorce, there are certain elections a spouse can exercise regarding the deceased spouse's assets.

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(I also practice in the DC/MD Suburbs)

Maryland law states that (unless the spouse agrees to allow it to happen by not filing the appropriate paperwork) the only person a spouse CANNOT disinherit is the other spouse. In Maryland separation, regardless of the length of time the spouses have been separated is irrelevant. They are still married when only separated

Furthermore, if they are still married when she dies, your mother's spouse is allowed to file an election in her estate for up to 1/3 of same. The courts in Maryland have also ruled that trying to re-title assets to avoid that spousal election can be set aside when litigated