Legal Question in Wills and Trusts in Maryland

Re: Does a spouse have any rights? YES

Maryland law provides for a spousal right to an elective share of the decedent's estate.

Generally, instead of property being left to him by will, the surviving spouse may elect to take a one-third

share of the net estate if there is also a surviving issue, or a one-half share of the net estate if there is no

surviving issue. The remainder will be disbursed in accordance with the will.

The surviving spouse, who makes this election, may, in no event, take more than a one-half share of

the net estate. Calculation of net estate, for purposes of this election, is calculated without a

deduction for the tax as defined under Maryland law. (i.e., Section 7-308 of the Tax-General Article in Maryland Code).

Strict time limits apply so do not delay. You should contact an attorney for assistance.

Re: Does a spouse have any rights?

In most states, a spouse can "elect against the

will" and get about 1/3 of the total value of

the estate. It is critical that the election

be filed in a timely fashion. It also may be

possible to recover identifiable costs for

improvements and repairs made by your father.

Our firm practices in DC, MD and VA and we can

help if you wish. There is no obligation for

the initial consultation.