Saturday, February 21, 2015

If the husband dies, leaves a will giving everything to his son, property is deeded to husband only, would a wife of 4 years be entitled to ...

Question

If the husband dies, leaves a will giving everything to his son, property is deeded to husband only, would a wife of 4 years be entitled to any of the property that was fully paid for before his marriage. This for the state of Maryland.



Answer

Yes, a spouse is usually entitled to elect a "statutory share" and to get a portion of the probate property even if nothing is left in the will. This assumes there was no "prenup" agreement and that the property didn't pass directly by deed.



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