Baltimore, MD asked in Estate Planning for Maryland

Q: Are assets that were non existent when a will was written included as part of the will?

I need help with my fathers will. He passed away last week while still technically married to a lady. Even though they had been seperated since 1998. She has a will from 1996 that left everything to her. But he bought a house in Florida in 2006 to completely move away from her. Now she is attempting to take his new house as part of the will. Can she do this?

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1 Lawyer Answer
Cedulie Renee Laumann
Cedulie Renee Laumann
Answered
  • Estate Planning Lawyer
  • Crownsville, MD
  • Licensed in Maryland

A: The Will governs someone's probate estate which usually means all the assets that someone dies owning titled in their name go to whomever the Will says. Unless there was a separation agreement or new will, a Will does not automatically go away because of a separation. Instead, a planner needs to either make a new Will (if they don't want it to govern) or title assets so that they pass outside of the Will. The law generally does not allow one to fully disinherit a spouse.

As with any contested situation, you are encouraged to seek personal legal counsel with an attorney of your choosing. The specific facts of a particular situation may affect how this general information applies to you.

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