Washington, DC asked in Estate Planning for Maryland

Q: If I leave anything in my estate planning to my mother, can her husband (my stepfather) claim any of it as her spouse?

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3 Lawyer Answers
Mark Oakley
Mark Oakley
Answered
  • Estate Planning Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: No. Inheritances are excluded from counting as marital property; however, she must keep any inherited funds separate from funds or assets shared with her husband's name (e.g., joint accounts), or she could cause some or all of the commingled inherited assets to become marital property.

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

A: Generally speaking Maryland law does not give anyone the right to demand an inheritance going to anyone else, even their spouse. That said, depending on how planning documents are drafted and order of death, sometimes people do wind up with an inheritance intended to go their spouse.

For example, if someone leaves something to their mother without requiring that their mother survive them, if the mother dies before the child whatever the child left would likely go through the mother's estate, and the mother's husband (or mother's other beneficiaries) might receive.

On the other hand, if one leaves something to a parent with a requirement that they survive you, then if the parent died before you whatever the child leaves should go the child's designated back-up, not through the parent's estate.

There are some common planning tools that can help protect an inheritance and/or control even after the planner's death and it is a great idea to talk these over with your attorney. While not legal advice, I hope this general information helps.

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Suren Adams
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Answered
  • Estate Planning Lawyer
  • Bowie, MD
  • Licensed in Maryland

A: The best way to ensure what you leave to your mom ends up going to your mom instead of your stepfather is to use a Trust as your primary planning tool. If you add beneficiary asset protection provisions to that Trust, your mom could leave her share of your Trust property in the Trust and enjoy the benefits of it over time without taking direct control over all of it, which would prevent your stepfather from getting it through something like a joint account he may have with your mom.

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