Cedaredge, CO asked in Probate for Maryland

Q: Father's estate is being sued by surviving spouse after his passing - question is addressed in more info below - thanks!

Estate is being sued by surviving spouse for 1/3 of value of the family farm that was premarital asset (in fam for years). The property is owned f&c now but was used as collateral to purchase other assets/property that created financial gain/property & assets that the surviving spouse has already received by POD or deed. Does that create any loophole that would allow us to proceed with honoring the written will and the wishes of my father to have the family farm left to those in the will specifically?

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1 Lawyer Answer
Richard Sternberg
Richard Sternberg
Answered
  • Probate Lawyer
  • Potomac, MD
  • Licensed in Maryland

A: There is no way to evaluate this competently from your incomplete description. You need an estate or probate lawyer in the state where your father resided at the time of his death. Spousal share cases are complex and often fact-dependent. In other words, the facts you described may or may not create a loophole in Colorado law.

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