Q: How can my sister protect herself against a petition for ownership of a house my mother left her in the will.
My retired mother married my step-dad 8 years ago. My step-dad moved in on a consistent basis about 4 years ago and has been living in the house since. My mother died and left everything to my sister in a will. my sister is my only sibling. My step-dad petitioned at the Register of Wills against my sister to get ownership of the house although My sister told him he could stay there, like it's his, as long as he wanted and that she wouldn't bother him about anything. He just recently moved in with my mother on a consistent basis after his house in DC went into foreclosure. He's upset because my mother did not leave anything to him in her will.
A:
Under Maryland law, a spouse can legally demand 1/3 of the deceased spouse's estate, even if they were left nothing in the Will.
However, a spouse cannot usually demand more than this 1/3. It sounds from your post that the surviving spouse seeks the entire estate.
Your sister and/or the Personal Representative handling the estate should seek immediate legal help.
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