Legal Question in Wills and Trusts in Maryland
Rights of separated wife vs. live-in companion
I was married and legally separated unitl 6/5/03. My husband died from cancer. We had been separated since 1987.
We have one 18 year daughter who is both his and my only child. My late husband had several lady friends but lived with one in particular. Other than his pension, he had a life insurance policy which he named his parents as the beneficiaries. His was the sole name on a home he was purchasing since 1994 valued at approximately $200,0000 which his companion still resides since his death. Since the separation agreement was drawn up in 1987, I'm not sure whether or not his pension was mentioned at that time, it is my belief that we chose not to address it at that time, the main purpose for drawing up the legal papers were to establish child support. I remember the attorney that I had retained telling me that I needed to think long and hard before I signed away my right to his pension. My question is, who is entitled to what and how do I find out if he had a will drawn up by a private attorney. I called Upper Marlboro, the section that handles wills and there was none on file. I feel that his daughter should be next in line for whatever he left behind, how should I proceed?
2 Answers from Attorneys
Re: Rights of separated wife vs. live-in companion
Open a petition for probate of his assets and title them in your name according to his will or under intestacy law. The first thing to do is to pull all the documents together. I am available to assist you. If you would like to discuss contact me at (410) 799-9002 or on voicemail at (410) 619-5918.
Re: Rights of separated wife vs. live-in companion
Yes, I agree with you. In the absence of a
probated will, I recommend filing a petition for
probate and naming yourself as personal
representative, then asking the probate court to
have everything re-titled in your names. You
may have to open a separate estate for his parents
to collect the life insurance. As for the pension,
it depends on how the beneficiary is named, and
whether, if the beneficiary was changed after
your separation, the legal requirements of the
Retirement Equity Act (a law protecting legal
spouses) was met. There is a very high liklihood
that you stand to recover everything. If you want
to discuss this matter with us, please contact
us for a no-obligation meeting.
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