Legal Question in Wills and Trusts in Maryland

If a person dies intestate is an agreement made in a divorce decree binding?

In my mother and fathers divorce decree dated 1981 they agreed in exchange for my mother moving out and not being bought out, that the house would be left to me when my father passed away. He has since been remarried and has 2 step children (I am his only biological child). He has had a massive stroke and is very ill. If he dies intestate will the divorce decree be binding in probate court,giving me the house I grew up in, or will his new wife (who's name has never been put on the deed) get a share of the house?


Asked on 1/17/06, 12:30 pm

1 Answer from Attorneys
Charles Stewart Law Office of Charles R. Stewart, LLC

Re: If a person dies intestate is an agreement made in a divorce decree binding?

Thanks for contacting me with this difficult situation. Unfortunatley, the agreement would not be binding on the probate court (you can go to your courthouse law library and read Shimp v. Huff 556 A.2d 252 for a similar case). Even conveying the property now might be sucessfully contested at this point, though it may be worth a try. I don't know your particular situation, but your father's current wife could sign an agreement to forgo her elective share. In any event, I would contact an attorney as soon as possible. I'm in the Hagerstown area, so I'm a probably too far to assist you. You might try:

Kate Masterton, Esq. at 410.339.7111.

Please keep me posted and let me know how it turns out and whether Attorney Masterton is able to help you.

Thanks,

Charles R. Stewart,

Law Office of Charles R. Stewart, LLC,

[email protected],

www.LawOfficeStewart.com

Read more
Answered on 1/17/06, 6:16 pm


Related Questions & Answers

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