Q: Does stepmother heir before biological adult children? My dad made most his money before marrying her...
My mother died awhile back and my father remarried. He recently passed away and we learned his wife was beneficiary on 401k. Most of money was earned prior to marrying her. Does his children have any recourse?
A:
Probably not. It is irrelevant if he earned his money before he was married. Also, if the children are all grown now and he chose to make the wife the beneficiary on the 401K, it is a valid decision unless he was not of sound mind and body when he made her the beneficiary.
This is the same for other assets he made have transferred through his will. If he did not have will, he died intestate. Under Maryland intestate laws, the spouse receives $15,000 plus 1/2 of the estate and the children share in the other 1/2.
If you still hve concerns about your father's estate, take the time to visit an attorney to discuss your questions in an office consutation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
