Legal Question in Wills and Trusts in Maryland

Re: Question on grandmothers will

Your father's estate will be divided in accordance with Maryland's intestacy rules. As to your father's property, his spouse has a right of an elective share which provides his surviving spouse with a 1/3 share where there is surviving issue (i.e., children of the deceased) or a 1/2 share where there is no surviving issue. There is also a family allowance provision that does not appear to be applicable to your circumstance.

If your grandmother's will does not leave property to your father, then his estate will not receive any benefit through your grandmother's will. This, of course, presumes that your grandmother's will is proper in all regards and distributes all of her property. Otherwise, intestacy may apply to your grandmother's estate and this complicates matters considerably. You may want to have your grandmother's will reviewed by an attorney while she is still alive and, if need be, have the will revised if she is competent to do so and desires such.

Where your father's spouse assumes property that is not lawfully hers, you should seek the assistance of an attorney.

Re: Question on grandmothers will

Additionally, a legacy (i.e., a disposition of property by a will) cannot lapse (i.e., fail). Simply put, the provisions of a will cannot fail where proper and legal. The provisions of a will that grant property to a legatee (i.e., someone who takes property through a will) must fulfill specific legal criteria in order for anti-lapse to apply. A legacy to a legatee (in your question this would be your father) who predeceases a testator (in your question this would be your grandmother) passes directly from the estate of the person who owned the property (your grandmother) to those person(s) who would have taken the property if the legatee (your father) had died owning the property and such shall be determined in accordance with the legatee's (your father's) will or by intestacy where the legatee (your father) does not have a will.

I realize the legal terms may be confusing. Here is a synopsis. Where your grandmother has a will the meets certain legal criteria and her will passes property to your father then, if your father dies without a will, your grandmother's property will pass through your father in accordance with intestacy rules (see my prior response).

Essentially, it is the substance of your grandmother's will that is the determining factor and, without seeing it, nothing further can be said. Again, it is crucial that you understand that your grandmother may revoke her now existing will and put a new will in place that may avoid any benefit going to your father's spouse.

Re: Question on grandmothers will

As long as your grandmother is alive, no one, without her permission, has the right to do anything with her assets. If your grandmother dies with your deceased father as heir, his widow does not take as alternate unless a will specifies such. You should see a lawyer to discuss what action you can take to protect your father's estate. There is a fairly complicated scheme of distribution of your father's estate. She does not take all.