Q: My husband died with n will and listed all 4 adult children on the deed and I am not listed what are my rights?
The state of Maryland.
A:
A spouse is usually entitled to demand at least 1/3 of the deceased spouse's probate estate. The probate estate is made up of whatever assets a person dies owning titled in their own name. If a person dies without a will and leaves both a spouse and adult children then the probate estate is typically split between the spouse and children. If a person dies with a will and leaves out the spouse, the spouse can typically demand their "statutory share" of the estate. However, not all assets will go through a probate estate.
It can be complicated when a deceased person leaves no probate estate and possible entitlement to non-probate assets requires a through look at the entire picture. You may wish to consult with an attorney in your county (or the county where the deceased person resided) who handles estate litigation.
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