Bel Air, MD asked in Estate Planning for Maryland

Q: Do I have to leave any part of my estate to my spouse? I live in the state of Maryland.

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1 Lawyer Answer
Paul E. Draper
Paul E. Draper
Answered
  • Estate Planning Lawyer
  • Baltimore, MD
  • Licensed in Maryland

A: A spouse is not required to leave any assets to a surviving spouse under his or her will. However, if a spouse is disinherited or left a nominal amount under a deceased spouse's will then the surviving spouse can elect against the deceased spouse's estate and receive one-third of the estate if the deceased spouse has surviving issue (children and grandchildren) or one-half of the estate if there are no issue.

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